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PUBLIC LAW 93-239-JAN. 2, 1974

speed limit may be established for any vehicle operating under a special permit because of any weight or dimension of such vehicle, including any load thereon. Clauses (2) and (8) of this section shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic on such portion of a highway. (c)(i) For the purposes of this section the terms "highway*' and "State" shall have the same meanings as in section 101 of title 23, Ignited States Code. (2) As used in this Act. the term "motor vehicle" means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails. (d) Notwithstanding the provisions of section 120 of title 23, United States Code, siuns apportioned to any State under section 104 of title 23, United States Code, shall be available to pay the entire cost of any modification of the signing of the Federal-aid highways for which such sums are apportioned within such State due to a reduction in speed limits to conserve fuel if such change in signing occurs or has occurred after Xovember 1, 1973. (e) This section shall cease to be in effect (1) on and after the date on which the President declares that there is not a fuel shortage requiring the application of this Act, or (2) on and after June 30, 1975, whichever date first occurs. (f) The re(|uirements of this section shall be deemed complied with by administrative action lawfully taken by the Governor or other appropriate State official that complies with this section. SKC. 3. (a) To conserve fuel, decrease traffic congestion during rush hours, improve air cpiality, and enhance the use of existing highways and parking facilities, the Secretary of Transportation is authorized to approve demonstration projects designed to encourage the use of carpools in urban areas. (b) Proposals shall be originated by local officials and submitted by the State in accordance with the provisions of section 105(d) of title 23, United States Code. The Secretary of Transportation shall approve for funding those projects which offer reasonable prospects of achieving the objectives set forth in subsection (a) of this section. (c) A project may include.^, but not be limited to, such measures as systems for locating potential liders and informing them of convenient carpool oppoi"tunities, designating existing highway lanes as preferential carpool highway laiu^s or shared bus and carpool lanes, providing related traffic control devices, and designating existing publi<'ly owned facilities foi- use as preferential parking for carpools. (d) A project authorized by this section shall be subject to, and carried out in accordance with all of the provisions of chapter 1 of title 23, United States Code, applicable to highway projects, except that the Federal share of such project shall be 90 per centum, the Federal share shall not exceed $1,000,000 for any single project, and only funds apportioned under section 104:(b)(3) and (6) of such title shall be available to carry out projects authorized by this section. The Secretary shall not approve any project under this section after December 31, 1974.

Definitions. 72 Stat. 885; 74 Stat. 415.

72 Stat. 898; 84 Stat. 1731. Ante, pp. 254, 256, 257, 292.

Termination date.

Carpools, demonstration projects.

Ante,

p. 25J

72 Stat. 885; Ante, p. 261. 23 USC 101. Federal share. 77 Stat. 276; Ante, p. 256. Termination date.

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study.

Report to Congress. 72 Stat, 913; Ante, p. 276.

84 Stat. 1619, 1705.

PUBLIC LAW 93-239-JAN. 2, 1974

[87 STAT.

(e) The Secretary of Transportation shall conduct a full investigation of the effectiveness of measures employed in the demonstration proiects authorized by subsection (a) of this section. In addition, he shall, in cooperation with the Internal Revenue Service, the Environmental Protection Agency, and other appropriate Federal and State agencies, study other measures, including but not limited to tax and other economic incentives, which might lead to significant increases in carpool ridershij) in urban areas throughout the country, and shall identify any institutional or legal barriere to such measures and the costs and benefits of such measures. He shall report to the Congress not later than December 31, 1974, his findings, conclusions, and recommendations resulting from such in^-estigation and study. Funds authorized"to carry out section 807 of title 23, United States Code, are authorized to be used to carry out the investigation and study authorized by this subsection. SEC. 4. Section (501 (d) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1421) is amended to read as follows: " K M K R O E X C Y LOCA'lOR TRAXS]VHTTKKS

' ' (d) ( l j Except with respect to aircraft described in jparagraph (2) of this subsection, minimum standards pursuant to this section shall include a requirement that emergency locator transmitters shall 1)6 installed— "(A) on any fixed-wing, powered civil aircraft for use in air commerce the manufacture of which is completed, or which is imported into the United States, after one year following the (late of enactment of this subsection; and "(B) on any fixed-wing, powered civil aircraft used in air commerce after three years and six months following such date. " (2) The provisions of this subsection shall not apply to: " (A) TuI'bojet-powerod aircra ft; "(B) Aircraft while engaged in scheduled flights by scheduled air carrierS certificated by the Board; "(C) Aircraft while engaged in training operations conducted entirely within a fifty-mile radius of the airport from which such local flight operations began; "(D) Aircraft while engaged in flight operations incident to design and testing; "(E) New aircraft while engaged in flight operations incident to their manufacture, preparation, and delivery; "(F) Aircraft while engaged in flight operations incident to the aerial application of chemicals and other substances for agricultural purposes; "(G) Aircraft ceitificated by the Administrator for research and development purposes;, < "(H) Aircraft while used for showing compliance with regulations, crcAv training, exhibition, air racing, or market iurveys; and « "(I) Aircraft equipped to carry not more thlin one person.-'. Approved January 2, 1974. .<!

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


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PUBLIC LAW 93-240-JAN. 2, 1974

1049

Public Law 93-240 AN ACT

Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1974, and for other purposes.

January 2, 1974 [H. R»II771]

Be it enacted by the Senate and House of Representatives of the Foreign AssistUnited States of America in Congress assembled, That the following ance and Related sums are appropriated, out of any money in the Treasury not otherwise programs Approappropriated, for Foreign Assistance and related programs for the ^'97%"°" ^''^' fiscal year ending June 30, 1974, and for other purposes, namely: TITLE I—FOREIGN ASSISTANCE ACT ACTIVITIES FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, and 22 USC*2*m for other purposes, to remain available until June 30, 1974, unless note. otherwise specified herein, as follows: ECONOMIC ASSISTANCE

Food and nutrition. Development Assistance: For necessary expenses to carry out the provisions of section 103, $284,000,000: Provided, That in addition to the amounts provided for loans to carry out the purposes of this paragraph, such amounts as are provided for under section 203 shall also be available for loans, together with all such amounts to remain available until expended. Population planning and health. Development Assistance: For necessary expenses to carry out the provisions of section 104, $135,000,000: Provided, That in addition to the amounts provided for loans to carry out the purposes of this paragraph, such amounts as are provided for under section 203 shall also be available for loans, together all such amounts to remain available until expended: Provided further, That not more than $112,500,000 appropriated or made available under this Act shall be used for the purposes of section 291 during the current fiscal year. , ^

V

Education and human resources development. Development Assistance: For necessary expenses to carry out the provisions of section 105, $89,000,000: Provided, That in addition to the amounts provided for loans to carry out the purposes of this paragraph, such amounts as are provided for under section 203 shall also be available for loans, together all such amounts to remain available until expended. Selected development problems, Development Assistance: For necessary expenses to carry out the provisions of section 106, $40,500,000: Provided, That in addition to the amounts provided for loans to carry out the purposes of this paragraph, such amounts as are provided for under section 203 shall also be available for loans, together all such amounts to remain available until expended. Selected countries and organizations, Development Assistance: For necessary expenses to carry out the provisions of section 107, $36,500,000: Provided, That in addition to the amounts provided for loans to carry out the purposes of this paragraph, such amounts as are provided for under section 203 shall also be available for loans, together all such amounts to remain available until expended. Limitation on grants. Development Assistance: Of the new obligational authority appropriated under this Act to carry out the

Ante, p. 715. '^"'®'?• 717.

si Stat. 452. 22 USC 2219. 0 0

TTCO

001 Q

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PUBLIC LAW 93-240-JAN. 2, 1974

Ante, p. 715. Ante. p. 718.

Ante,

p. 713.

Ante,

p. 717.

Ante, p. 718. Ante. p. 719.

83 Stat. 819; Ante, p. 719. Ante, p. 733. Ante, p. 719. sf^stat^ 496; p. 719.

Ante,

Ante,

p. 725.

Ante,

p. 724.

22 USC 2397. 22 USC 1613d.

75 Stat. 424. 22 USC 2151

note."^"" ' "'

t^stat°2*oV5°' 31 USC 200.

[87 STAT.

proyisioiis of sectloiis 103-107, not more than $300,000,000 shall be available for grants. International organizations and programs: For necessary expenses ^^ ^^^.^.y ^^^ ^^^ provisions of section 301, $125,000,000, of which $15,000,000 shall be available only for the United Nations Children's Fund and of which $14,300,000 shall be available only for the United Nations Relief and Works Agency. United Nations Environment F u n d: For necessary expenses to carry out the provisions of section 2 of the United Nation's Environment Program Participation Act of 1973, $7,500,000. American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, $19,000,000. American schools and hospitals abroad (special foreign currency program): For necessary expenses to carry out the provisions of section 214, $6,500,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended. National Association of the Partners of the Alliance, Inc.: For ueccssarv expenses to carry out the proA'isions of section 252(b) $750,000"! Indus Basin Development Fund, grants: For necessary expenses to carry out the provisions of section 302(b)(2) with respect to Indus Basin Development Fund, grants, $9,000,000: Provided, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year. Indus Basin Development Fund, loans: For expenses authorized by section 302(b)(1), $2,000,000, to remain available until expended: Provided, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year. United Nations Relief and Works Agency (Arab refugees): For ueccssary expenses to carry out the provisions of section 302(e), $2,000,000. Albert Schweitzer Hospital: For necessary expenses to carry out gcction 33 of the Foreign Assistance Act of 1973, $1,000,000. Contingency fund: For necessary expenses, $15,000,000, to be used ^^j, ^^ie purposes set forth in section 451. International narcotics control: For necessary expenses to carry (^^^^ the provisions of section 481, $42,500,000. African Sahel famine and disaster relief assistance: For necessary expenses to carry out the provisions of section 639A, $25,000,000. Administrative expenses: For necessary expenses, $40,000,000, to be used for the purposes set forth in section 637(a). Administrative and other expenses: For expenses authorized by section 637(b) of the Foreign Assistance Act of 1961, as amended, and by section 305 of the Mutual Defense Assistance Control Act of 1951, as amended, $4,800,000. Unobligated balances as of June 30.1973, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, except as otherwise provided by law, are hereby continued available for the fiscal year 1974, for the same general purposes for which appropriated and amounts certified pursuant to section 1311 ^^ ^^^^ Supplemental Appropriation Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same general purpose as any of the subparagraphs under "Economic Assistance", •'Security Supporting Assistance", and "Indochina Postwar Reconstruction Assistance', are hereby continued available for the same

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PUBLIC LAW 93-240-JAN. 2, 1974

1051

period as the respective appropriations in such subparagraphs for the same general purpose: Frovided^ That such unobligated balances as of June 30, 1973, and such amounts certified pursuant to section 1811 of the Supplemental Appropriation Act, 1955, as having been 8/lta!!*208^5°' obligated against appropriations heretofore made under the authority 31 USC 200*. of section 531 of the Foreign Assistance Act of 1961, as amended, are ^e Stat. 26. hereby continued aAailable for the fiscal year 1974 for expenses to carry out the provisions of section 531 or section 801 of the Foreign Assistance Act of 1961, as amended: Provided further, That such Ante,p.i2z. purpose relates to a project or program previously justified to Congress and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs. M I L I T A R Y ASSISTANCE

Military assistance: For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, as amended, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $450,000,000: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States.

^"'®' P- ^^O.

I N D O C H I N A r O S T W A R RECONSTRUCTION ASSISTANCE

Indochina postwar reconstruction assistance: For necessary expenses to carry out the provisions of section 801 of the Foreign Assistance Act of 1961, as amended, $450,000,000. SECURITY S U P P O R T I N G ASSISTANCE

Security supporting assistance: For necessary expenses to carry out the provisions of section 531 of the Foreign Assistance Act of 1961, as amended, $112,500,000: Prodded^ That of the funds appropriated under this paragraph, not less than $50,000,000 shall be allocated to Israel. OVERSEAS PRIVATE INVESTMENT

CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year. Overseas Private Investment Corporation, reserves: For expenses authorized by section 235(f), $25,000,000, to remain available until expended. INTER-AMERICAN

^

FOUNDATION

The Inter-American Foundation is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during

^i Stat. 584.

83 stajt^. su^ 22 s e -- u— 2 1 9 5.

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[87

STAT.

the current fiscal year: Provided, That not to exceed $10,000,000 shall be available to carry out the authorized programs during the current fiscal year. GENEKAL PROVISIONS Flood control and related projects.

Obligation of funds, restriction,

Military personnel of recipient countries, annuities.

75 Stat. 424. 22 USC 2151 note.

75 Stat. 433; 77 Stat. 382. 22 USC 2201,

Construction in underdeveloped countries.

SEC. 101. None of the funds herein appropriated (other than funds appropriated for "International organizations and programs" and "Indus Basin Development Fund") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962. SEC. 102. Except for the appropriations entitled "Contingency fund", and appropriations of funds to be used for loans, not more than 20 per centum of any appropriation item made available by this title shall be obligated and/or reserved during the last month of availability. SEC. 103. None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 104. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. SEC. 105. None of the funds appropriated or made available under this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to make payments with respect to any capital project financed by loans or grants from the United States where the United States has not directly approved the terms of the contracts and the firms to provide engineering, procurement, and construction services on such projects. SEC. 106. Of the funds appropriated or made available pursuant to this Act, not more than $12,000,000 may be used during the fiscal year ending June 30, 1974, in carrying out research under section 241 of the Foreign Assistance Act of 1961, as amended. SEC. 107. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. SEC. 108. None of the funds made available by this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be obligated for financing, in whole or in part, the direct costs of any contract for the construction of facilities and installations in any underdeveloped country, unless the President shall have promulgated regulations designed to assure, to the maximum extent consistent with the national interest and the avoidance of excessive costs to the United States, that none of the funds made available by this Act and thereafter obligated shall be used to finance the direct costs under such

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PUBLIC LAW 93-240-JAN. 2, 1974

contracts for construction work performed by persons other than qualified nationals of the recipient country or qualified citizens of the United States: Pmvkled. however. That the President may waive the application of this section if it is important to the national interest. SEC. 109. None of the funds appropriated or made available pursuant to this Act for carryinji' out the Foreign Assistance Act of 1961, as amended, may be used to finance the procurement of iron and steel products for use in Vietnam containing- any component acquired by the producer of the commodity, in the form in which imported into the country of production, from sources other than the United States. SEC'110. Xone of the funds contained in title I of this Act may be used to carry out the provisions of sections 209(d) and 251(h) of the Foreii2"n Assistance Act of 1961. as amended. SEC. 111. Xone of the funds appropriated or made available pursuant to this Act shall be used to provide assistance to the Democratic Republic of Vietnam (Xorth Vietnam). SEC. 112. Xone of the funds appropriated or made available pursuant to this Act, and no local currencies generated as a result of assistance furnished under this Act, may be used for the support of police, or prison construction and administration within South Vietnam, for training, including computer training, of South Vietnamese with respect to police, criminal, or prison matters, or for computers or computer parts for use for South Vietnam with respect to police, criminal, or prison matters. SEC. 113. I t is the sense of the Congress that excess foreign currencies on deposit with the United States Treasury, having been acquired without the payment of dollars, should be used to underwrite local costs of United States foreign assistance programs to the extent to which they are available. Therefore, none of the funds appropriated by this title shall be used to acquire, directly or indirectly, currencies or credits of a foreign country from non-United States Treasury sources when there is on deposit in the United States Treasury excess currencies of that country having been acquired without payment of dollars. SEC. 114. Xone of the funds made available under this Act for "Food and Xutrition, Development Assistance," "Population Planning and Health, Development Assistance," "Education and Human Resources Development, Development Assistance," "Selected Development Problems, Development Assistance," "Selected Countries and Organizations, Development Assistance," "International Organizations and Programs," "American Schools and Hospitals Abroad," "International Xarcotics Control," "Indochina postwar reconstruction assistance," "Security supporting assistance," "Military assistance," or "Migration and refugee assistance" shall be available for obligation for activities, programs, projects, countries, or other operations unless the Committees on Appropriations of the Senate and House of Representatives are previously notified five days in advance.

1053

p/J'duc^rlor'usi in Vietnam. 22 us^c'2?5*i" note.

22n "^^ ^^^^' Aid to North Vietnam. ^^^^^ ^tuce o pri^ons.^°

ti^L^of ^'se^^^"

Ji^°s^''^^°^°'^'.. priation"commit'«^s-

TITLE II—FOREIGN^ M I L I T A R Y C R E D I T S A L E S FOREIGN !AIILITARY CREDIT SALES

For expenses not otherAvise provicled for, necessary to enable the President to carrv out the provisions of the Foreign Military Sales Act. $325,000,000^: Provkled That of the amount provided for the ^^ ^*s^^-2V5°total aggregate credit sale ceiling during the current fiscal year, not note, less than $300,000,000 shall be allocated to Israel.

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PUBLIC LAW 93-240-JAN. 2, 1974 TITLE III—FOREIGN ASSISTANCE

[87 STAT. (OTHER)

INDEPENDENT AGENCY ^

ACTION—INTERNATIONAL PROGRAMS PEACE CORPS

22 USC 2501

For expenses necessary for Action to carry out the provisions of the Peace Corps Act (75 Stat. 612), as amended, $76,000,000.

note DEPARTMENT OF H E A L T H, EDUCATION, AND WELFARE ASSISTANCE TO REFUGEES IN THE UNITED STATES

22 USC 2601 note

80 Stat. 416.

For expenses necessary to carry out the provisions of the Migration juid Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to refugees within the United States, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $129,000,000: Provided, That funds from this appropriation shall be used to reimburse the Secretary of State to cover the costs incurred by the Department of State in connection with the movement of refugees from Cuba to the United States. DEPARTMENT OF STATE MIGRATION A N D REFUGEE ASSISTANCE

60 Stat. 999. 80 Stat. 510.

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801-1158); allowances as authorized by 5 U.S.C. 5921-5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $9,504,000, of which not to exceed $8,184,000 shall remain available until December 31, 1974: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere. ASSISTANCE TO REFUGEES FROM THE SOVIET UNION

86 Stat. 489. 22 USC 2680 note.

For necessary expenses to carry out the provisions of section 101(b) of the Foreign Relations Authorization Act of 1972, $36,500,000. FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS

,. i

INVESTMENT I N ASIAN DEVELOPMENT BANK

22 us^c 2\^5i.

For payment by the Secretary of the Treasury of a United States contribution to the Consolidated Special Funds of the Asian Development Bank, as authorized by the Act of March 10, 1972 (Public L*^^^^ 92-245), $50,000,000, to remain available until expended.

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PUBLIC LAW 93-240-JAN. 2, 1974

INVESTMENT

IN

INTER-AMERICAN

1055

DEVELOPMENT

BANK

For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States subscription to (1) paid-in capital stock; (2) callable capital stock; and (3) the United States share of the increase in the resources of the Fund for Special Operations authorized by the Acts of December 30, 1970 (Public Law 91-599), and March 10, 1972 (Public Law 92-246), $418,380,000, to remain available until expended.

l2vsc2S3o" se Stat. 59.°* 22 USC 283p.

INVESTMENT I N INTERNATIONAL DEVELOPMENT

ASSOCIATION

For payment by the Secretary of the Treasury of the second installment of the United States contribution to the third replenishment of the resources of the International Development Association as authorized by the Act of March 10, 1972 (Public Law 92-247), $320,000,000, to remain available until expended.

se sta^. eo.^

TITLE IV—EMERGENCY SECURITY ASSISTANCE AND D I S A S T E R R E L I E F A S S I S T A N C E EMERGENCY SECURITY ASSISTANCE FOR ISRAEL

For emergency security assistance for Israel, $2,200,000,000: Provided, That the funds appropriated in this paragraph shall be available only upon enactment into law of authorizing legislation: Provided further, That any part of any funds appropriated in this paragraph used to furnish military assistance shall be accounted for in accordance with section 108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438), as amended: Provided further, That of the funds appropriated under this paragraph, not more than $1,500,000,000 may be available for grant military assistance: Provided further. That none of the funds appropriated in this paragraph in excess of $1,700,000,000 shall be obligated unless the President determines such obligations will be in the national interest and provides Congress with detailed justifications and notification ten days prior to any such obligation of funds. EMERGENCY MILITARY ASSISTANCE FOR CAMBODIA

For emergency military assistance for Cambodia, $150,000,000: Provided, That the funds appropriated in this paragraph shall be accounted for in accordance with section 108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438), as amended: Provided further, That the funds appropriated in this paragraph shall be available only upon enactment into law of authorizing legislation. DISASTER RELIEF ASSISTANCE

For necessary expenses for disaster relief and rehabilitation in Pakistan, the Sahel region of Africa and Nicaragua, $150,000,000: Provided, That the funds appropriated in this paragraph shall be available only upon enactment into law of authorizing legislation. TITLE V — E X P O R T - I M P O R T BANK O F THE UNITED STATES The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and bor-

22 USC 1819,,

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title: Neuter Insects


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Page:United States Statutes at Large Volume 87.djvu/1088

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59 Stat. 598; 61 Stat. 584. 31 USC 849.

PUBLIC LAW 93-240-JAN. 2, 1974

[87 STAT.

rowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided. LIMITATION ON PROGRAM ACTIVITY

Not to exceed $7,650,000,000 (of which not to exceed $3,800,000,000 shall be for equipment and services loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE EXPENSES

80 Stat. 416.

Not to exceed $8,655,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $18,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. TITLE VI—GENERAL PROVISIONS

Publicity and propaganda. Inspector General, Foreign Assistance.

Fiscal year limitation.

SEC. 601. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. SEC. 602. No part of any appropriation contained in this Act shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. SEC. 603. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

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SEC. 604. None of the funds contained in this Act shall be used to furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals. TITLE VII—EEGIONAL RAIL REORGANIZATION ACT OF 1973 DEPARTMENT or TRANSPORTATION OFFICE OF THE SECRETARY

Interim Operating Assistance For necessary expenses for Interim Operating Assistance under the Regional Rail Reorganization Act of 1973, $35,000,000, to remain available until expended and to be derived by transfer from the Urban Mass Transportation Fund: Provided, That this appropriation shall become effective only upon enactment into law by the 93d Congress of H.R. 9142 or similar legislation.

Ante, p. 985.

Salaries and Expenses For an additional amount for "salaries and expenses," $3,000,000, to remain available until expended and to be derived by transfer from the appropriation for transportation, planning, research and development. Office of the Secretary: Provided, That this appropriation shall become effective only upon enactment into law by the 93d Congress of H.R. 9142 or similar legislation. UNITED STATES RAILWAY ASSOCIATION ADMINISTRATIVE EXPENSES

For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Re^onal Rail Reorganization Act of 1973, $6,000,000, to remain available until expended and to be derived by transfer from the appropriations for railroad research and high-speed ground transportation research and development. Federal Railroad Administration: Provided, That this appropriation shall become effective only upon enactment into law by the 93d Congress of H.R. 9142 or similar le^slation. This Act may be cited as the "Foreign Assistance and Related Programs Appropriation Act, 1974". Approved January 2, 1974.

Short title.

Public Law 93-241 AN ACT To amend the Act of March 16, 1926 (relating to the Board of Public Welfare in the District of Columbia), to provide for an improved system of adoption of children in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a)(1) section 11 of the Act entitled "An Act to establish a Board of Public Welfare in and for the District of Columbia, to determine its functions, and for other purposes", approved March 16, 1926 (D.C. Code, sec. 3-114), is amended to read as follows:

22-150 O - 75

January 2, 1974 [H. R.11238;

D.C. Board of Public Welfare. Adoption of children. 44 Stat. 210.

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"SEC. 11. The Commissioner of the District of Columbia (hereinafter referred to as the 'Commissioner') may— "(1) make temporary provision for the care of children pending investigation of their status; "(2) have the care and legal guardianship, including the pov.er to consent to or arrange for adoption in appropriate cases, of— " (A) children who may be committed to the Commissioner as wards of the District of Columbia by courts of competent jurisdiction; and " (B) children who are relinquished by their parents to the Commissioner or whose relinquishment is transferred to the Commissioner by a licensed child-placing agency under section 6 of the Act entitled 'An Act to regulate the placing; of children in family homes, and for other purposes', g/stat^ 57 8^"^' approved April 22, 1944 (D.C. Code, sec. 32-786); and "(3) make such provision for the care and maintenance of such children in private homes, under contract, including adoption subsidy pursuant to section 3 of the Act of J u l ^ 26, 1892 (D.(\ Code, 27 Stat.,269. sec. 3-115), Or in public or private institutions, as the welfare of such children may require; and "(4) provide care and maintenance for substantially retarded children who may be received upon application or up(m court commitment, in institutions or homes or other facilities equipped to receive them, within or without the District of Columbia. The Commissioner shall cause the wards of the District of Columbia placed out under temporary care to be visited as often as may be required to safeguard their welfare. (2) Section 3 of the Act of July 26, 1892 (D.C. Code, sec. 3-115), is amended to read as follows: "SEC. 3. (a) Except as provided in subsection (f), the Commissioned may conclude arrangements with persons or institutions at such rates as may be agreed upon. i^^°^J'T^^^^' " (b)(1) The Commissioner may make adoption subsidy payments sidy payments. """ "°"'"°"'° ^Q ^j^ adoptive family (irrespective of the State of residence of the family), as needed, on behalf of a child with special needs, where such child would in all likelihood go without adoption except for the acceptance of the child as a member of the adoptive family, and where the adoptive family has the capability of providing the permanent family relationships needed by such child in all areas except financial, as determined by the Commissioner. Subsidy payments may be made under this section only pursuant to a subsidy payment agreement entered into by the Commissioner and the adoptive parents concerned prior to completion of the adoptive process, but subsidy payments may be made before such adoption becomes final. " (2) For the purposes of this subsection— •Child with « ( ^) Xhe term 'child with special needs' includes any child who special needs.'' """' "'""'° is difficult to place in adoption because of age, race, or ethnic

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background, physical or mental condition, or membership in a sibling group which should be placed together. A child for whom an adoptive placement has not been made within six months after he is legally available for adoptive placement shall be considered a child with special needs within the meaning of this section. " (B) The term 'adoptive family' includes single persons. famu''°^"^^ "(c) Any public agency or licensed child-placing agency, having a child with special needs in foster care or institutional care, or any foster parent having such a child in his home may recommend to the Commissioner a subsidy for the adoption of such child, and may include in the recommendation advice as to the appropriate level of payments and any other information likely to assist the Commissioner in carrying out the provisions of this section. The Commissioner shall make the determination as to whether or not an appropriate adoptive home exists for the child, but in so doing the Commissioner shall refer to the recommendations of the referring agency. If the Commissioner concludes that the child referred is a child with special needs within the meaning of this section, and that an appropriate adoptive home exists for the child, the Commissioner is authorized to enter into a tentative adoption subsidy agreement with the prospective adoptive family, and upon entering into such an agreement, the Commissioner may accept a transfer of relinquishment of parental rights from the referring agency pursuant to section 6 of the Act entitled 'An Act to regulate the placing of children in family homes, and for other purposes', approved April 22, 1944 (D.C. Code, sec. 32-786). ss Stat. i94; " (d) If a child in the custody of the Commissioner or a licensed *•* ^*^*" ^^^' child-placing agency has been in foster care or institutional care for at least six months after the child is considered legally available for adoptive placement, the Commissioner or agency shall inform the family or institution providing care of the possibility of financial aid for adoption under this section. If the family caring for the prospective adoptee applies to the Commissioner for adoption of the child, and if it appears to the Commissioner after study that the family would be an appropriate adoptive family for the child but for the family's economic inability to meet the child's needs, the Commissioner shall enter into a tentative agreement with the family concerning the amount and duration of a proposed subsidy in the event the child is placed for adoption with that family. Thereafter the Commissioner may accept a transfer of relinquishment of parental rights from the referring agency in appropriate cases. The Commissioner shall in all cases take all steps necessary to assist the family in completing the legal and procedural requirements necessary to effectuate the adoption, including payment for legal fees and court costs. " (e) The amount and duration of adoption subsidy payments may Payments, vary according to the special needs of the child, and may include main- ^/^n""* ^"'^ '*"'^' tenance costs, medical, dental, and surgical expenses, psychiatric and psychological expenses, and other costs necessary for his care and wellbeing. A subsidy may be paid on a long-term basis to help a family whose income is limited and is likely to remain so; on a time-limited basis to help a family meet the cost of integrating a child into the family over a specified period of time; or on a special services basis to help a family meet a specific anticipated expense or expenses when no other resource appears to be available. Eligibility for payments shall continue until the child reaches eighteen years of age. " (f) The Commissioner is authorized to make payments under this Authorization. section from appropriations for the care of children in foster homes and institutions, and to seek and accept funds from other sources in- ^ eluding Federal, private, and other public funding sources, to carry

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out the purposes of this section. The amount expended by the Commissioner for any subsidy may not exceed the highest amount the Commissioner would be authorized to spend in providing or securing support and sjjecia] services for the child if the child were in the legal custody of the Commissioner. There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. " (g) No adoption subsidy payment shall be made on behalf of any child with respect to whom an aaoption decree has been entered by the Superior Court of the District of Columbia, pursuant to chapter 3 of D.c. Code 16- title 16 of the District of Columbia Code, prior to the effective date of ^°^* this section. " (h) Once during each calendar year the Commissioner shall review the need for continuing each family's subsidy. At the time of such review and at other times during the year when changed conditions, inchiding variations in medical opinions, prognosis, and costs are deemed by the (•ommissioner to warrant such action, appropriate adjustments in payments shall be made based upon changes in the needs of the child. Any parent who is a party to a subsidy agreement may at any time in writing request, for reasons set forth in the request, a review of the amount of any payment or the level of continuing payments. Such review shall be begun not later than thirty days from the receipt of the lequest. Any adjustment may be made ^ retroactive to the date the request was received by the Commissioner. If the request is not acted on within thirty days after it has been received by the Commissioner, or if the (Commissioner modifies or terminates an agreement without the concurrence of all parties, any party to the agreement shall be entitled to a hearing under the applicable provisions of the District of Columbia Administrative 82 Stat. 1204. Procedure Act (D.C. Code, secs. 1-1501—1-1510). Recordkeeping. "(j) 'pj^g Commissioiier shall keep such records as are necessary to evaluate the effectiveness of adoption subsidy as a means of encouraging and promoting the adoption of children with special needs. Information The Commissioner shall make an annual progress report which shall availability. ^^ opcii to public inspection. The report shall include, but not be limited to— "(1) the number of children placed in adoptive homes under subsidy agreements during the year preceding the annual report and the major characteristics of the children placed; and "(2) the number of children currently in foster care with the Commissioner for six months or more, and the legal status of those children. The Commissioner shall disseminate information to prospective adoptive families as to the availability of adoptable children and of the existence of aid to families who qualify for a subsidy under this section. " (j) All rules and regulations adopted by the Commissioner pursuant to this Act shall be published in the District of Columbia Kegister as required by section 6 of the District of Columbia 82 Stat. 1206. Administrative Procedure Act (D.C. Code, sec. 1-1505).". 27 Stat. 269; (b) Section 5 of the Act of July 26, 1892 (D.C. Code, sec. 3-117), 55 Stat. 883. -^ amended to read as follows: "SEC. 5. The Commissioner may— "(1) accept for care, custody, and guardianship dependent or neglected children whose custody or parental control has been transferred to the Commissioner, and to provide for the care and /. . support of such children during their minority or during the term of their commitment, including the initiation of adoption proceedings and the provision of subsidy in appropriate cases under 27 Stat. 269. section 3 of this Act (D.C. Code, sec. 3-115); r«

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"(2) with respect to all children accepted by him for care, place them in private families either without expense or with reimbursement for the cost of care, or in appropriate cases to place them in private families under an adoption subsidy agreement concluded under section 3 of this Act (D.C. Code, sec. 3 115) or to place them in institutions willing to receive them either without expense or with reimbursement for the cost of care; and " (3) consent to, arrange for or initiate court proceedings for the adoption of all children committed to the care of the Commissioner whose parents have been permanently deprived of custody by court order, or whose parents have relinquished a child to the Commissioner or to a licensed child-placing agency which has transferred the relinquishment to the Commissioner under section 6 of the Act entitled 'An Act to regulate the placing of children in family homes, and for other purposes', approved April 22, 1944 (D.C. Code, sec. 32-786).". SEC. 2. (a) Section 3 0 7 (b)(1)(D) of title 16 of the District of Columbia Code is amended by inserting immediately after "should have knowledge" the following: ", including the existence and terms of a tentative adoption subsidy agreement entered into prior to the filing of the adoption petition under section 3 of the Act of July 26, 1892 (D.C. Code, sec. 3-115)". (b) Section 309(b) of title 16 of the District of Columbia Code is amended by adding at the end thereof the following new sentence: " I n determining whether the petitioner will be able to give the prospective adoptee a proper home and education, the court shall give due consideration to any assurance by the Commissioner that he will provide or contribute funds for the necessary maintenance or medical care of the prospective adoptee under an adoption subsidy agreement under section 3 of the Act of July 26, 1892 (D.C. Code, sec. 3-115).". SEC. 3. The amendments made by this Act shall take effect at the end of the ninety-day period beginning on the date of enactment of this Act. Approved January 2, 1974.

161

27 Stat. 269.

58 Stat. 194; 84 Stat. 578. 77 Stat. 539.

77 Stat. 540.

Effective date.

Public Law 93-242 AN ACT

To implement the shrimp fishing agreement with Brazil, and for other purposes.

January 2, 1974 [H. R. 8529]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may offshore shrimp be cited as the "Offshore Shrimp Fisheries Act of 1973". f g ^ " ' " ^""^ "^ DEFINITIONS

SEC. 2. When used in this Act— (a) the term "treaty" shall mean the Agreement Between the Government of the Federative Republic of Brazil and the Government of the United States of America Concerning Shrimp, signed on May 9, 1972, including related annexes, notes, and agreed

24 UST 923.

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minutes, as these documents may be amended from time to time; (b) the term "shrimp" shall mean the shrimp Penaeus (M.) duorarum notialis, Penaeus brasiliensis, and Penaeus (M.) aztecus subtilis; (c) the term "area of agreement" shall mean the area in which United States vessels carry on a shrimp fishery in the vicinity of Brazil, as described by the following boundaries: the waters off the coast of Brazil having the isobath of thirty meters as the southwest limit, the latitude 1 degree north as the southern limit, the longitude 47 degrees 30 minutes west as the eastern limit, and a line running from the point of 4 degrees 44 minutes north latitude, 51 degrees 30 minutes west longitude at an azimuth of 17 degrees to the point of 4 degrees 51 minutes north latitude, 51 degrees 28 minutes west longitude and thence at an azimuth of 43 degrees to the point of 8 degrees 58 minutes north latitude, 47 degrees 30 minutes west longitude as the northwestern boundary; (d) the term "vessel" shall mean every description of watercraft or other contrivance used, or capable of being used, as a means of transportation in water,(e) the term "Secretary" shall mean the Secretary of Commerce or his delegate; (f) the term "transship" shall mean the transfer of shrimp from one vessel to another vessel, or the receipt of shrimp by one vessel from another vessel; (g) the term "fishing" shall mean the taking or attempted taking of shrimp by any means whatsoever; (h) the term "vessel owner" shall mean any person, partnership, corporation, or association which is the owner of record of a vessel documented under the laws of the United States, except that, with respect to sections 4 and 5 hereof, the Secretary may issue such regulations as he deems appropriate to cover applications for and issuance of letters of voluntary compliance and permits with respect to vessels owned by corporations which are owned or controlled by one or more other corporations; (i) the term "regulations" shall mean rules.and regulations issued by the Secretary from time to time as he de«»s necessary to carry out the purposes and objectives of the treaty and this Act; and (j) the term "gear" when applied to any vessel involved in a violation shall mean any single set of net and doors for a single trawl vessel, or for a vessel capable of towing more than one set at a time, as many sets of net and doors as the vessel is capable of towing: Provided, That if the vessel owner, master, or other person in charge of the vessel can show that a particular set (or sets) of net and doors was actually involved in the violation, then that set (or sets) shall be deemed to be the gear of the \essel involved in the violation.

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PUBLIC LAW 93-242-JAN. 2, 1974 PERMITS

Si:c. 3. (a) The Secretary is authorized to issue permits to vessel owners for vessels documented under the laws of the United States to eugai^e in fishing in the area of agreement: Provided., That the number of vessels which are the subject of permits shall not exceed three hundred and twenty-five or such other number of vessels as may Us specified in the treaty from time to time as authorized to fish in the area of agreement. No vessel owner may be issued a permit with i'espect to a vessel miless such vessel meets the requirements of ihe treaty, the Act, and the regulations. (b) Except as provided in section 4(d), a permit shall be valid only for the vessel with respect to which it is issued and shall not cover more than one vessel, except that a vessel owner may, with the prior consent of the Secretary, transfer a permit to another vessel whether or not owned by the same vessel owner. (c) Permits shall be issued for a calendar year, and may be renewed annually. (d) Permits shall contain such provisions, and shall be issued upon, and subject to, such terms and conditions as the Secretary deems necessary to carry out the treaty, the Act, and the regulations. Permit provisions may include, but are not limited to— (i) the manner, piace.and time of conducting fishing operations, (ii) the keeping of records, (iii) the furnishing of information to the Secretary, (iv) the identification and marking of the vessels, (v) limitations on transshipment operations, (vi) restrictions or prohibitions on the employment on any permitted vessel of a master or other person against whom a civil penalty has been assessed pursuant to section 9, (vii) prohibited activities, (viii) revocation of permit for failure to pay a civil penalty assessed against a vessel owner pursuant to section 9, and (ix) the maintaining of an office in the Ignited States by the holder of a permit at which all notices, legal documents, and other material may be served. Permits may be suspended or revoked by the Secretary for failure to comply with any of the terms or conditions thereof, or with the treaty, this Act or the regulations. Upon any such suspension or revocation, the permittee shall be afforded a prompt opportunity, after due notice, for a hearing by the Secretary. The decision of the Secretary rendered in connection with such hearing shall be final and binding. (e) Permits may be returned to the Secretary. I n addition, the Secretary may issue regidations requiring the return of unutilized permits under such circumstances and upon such terms and conditions as he deems appropriate. If the Secretary reissues a permit to another vessel owner, a prorated amount of the annual permit fee for the portion of the year during which the permit is held by another vessel owner shall be refunded to the original permittee. Except as specified in this subsection (e) and in section 4(c), permit fees shall not be prorated. (f) The annual fee for a permit for any year other than 1973 shall be $615 for enforcement services plus an amount of not more than $100, as determined by the Secretary, for the purpose of covering

Limitation.

Annual renewal.

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administrative costs. The fee for a permit for 1973 shall be $1,230 for enforcement services plus an amount of not more than $200, as determined by the Secretary, for the purpose of covering administrative costs: Provided, That the annual fee for a permit for 1973 for any vessel first documented in that year or certified as not having been engaged in fishing in the area of agreement in 1972 shall be $615 for enforcement services plus an amount of not more than $100, as determined by the Secretary, for the purpose of covering administrative costs. The amount of any deposit transferred to the Offshore Shrimp Fisheries Fund pursuant to section 5 of this Act shall be credited toward the annual permit fee. (g) Any permit which has been suspended or revoked, or which is required to be returned, shall be surrendered to the Secretary. PERMIT PROCEDURE Publication in Federal Register.

Notice; hearing.

SEC. 4. (a) Vessel owners may apply for permits to engage in fishing in the area of agreement. The method and time for application shall be announced in advance in the Federal Register. (b) The owner of any vessel for which application for a permit is refused may petition the Secretary for reconsideration, and shall be entitled to a hearing. The decision of the Secretary rendered in connection with such reconsideration shall be final and binding. (c) The Secretary may reissue permits which have been returned pursuant to section 3, to vessel owners with outstanding applications, who have not been able to obtain permits under the procedure set out in subsection (d). The fee for such reissued permits shall be the prorated share of the annual fee for the portion of the year during which the new permittee holds the permit. (d) If application is made with respect to more vessels than the number of permits allowed to be issued under section 3(a), the following procedure for granting permits shall apply: (1) All vessel owners to whom letters of voluntary compliance have been issued, pursuant to section 5 of this Act, shall have first priority for permits but only as to vessels covered by such letters. (2) After all vessel owners under subparagraph (1) have been considered for permits, all vessel owners who have been engaged in fishing in the area of agreement, during the last five years, shall have second priority for permits. However, in no event shall a vessel owner be eligible for receiving a permit under this subsection for a given vessel during the first six months after the effective date of this Act if the Secretary determines that such vessel has engaged in activities during the period from May 9, 1972, to the effective date of this Act which would have constituted a violation specified in section 8(a)(3) or 8 (a)(6), but only to the extent 8 (a)(5) relates to use of fishing gear and the closure of the area of agreement to fishing, if the Act had been in effect during such period. In the event of any such determination, the vessel owner affected thereby shall be given notice thereof and an opportunity for a hearing. The decision of the Secretary rendered in connection with the hearing shall be final and binding. (3) After all vessel owners under subparagraphs (1) and (2) have been considered for issuance of a permit, all other vessel owners who have made application may be considered for permits. If the number of vessels for which application is made in the categories outlined in subparagraph (2) or (3) is more than the number of permits available after having accounted for the vessels in the previous category (or in the case of subparagraph (1), if the number

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10(i5

of vessels for which application is made in that category is more than the number of permits available pursuant to the treaty), then the number of permits available shall be proportionally distributed with the applicable category, in a manner provided in the regulations. VESSELS W H I C H VOLUNTARILY CX)MPLY

SEC. 5. The Secretary shall issue a letter of voluntary compliance to a vessel owner who has had vessels engaged in fishing in the area of agreement at any time subsequent to May 9, 1972, for all vessels of such owner documented under the laws of the United States which meet the requirements of the treaty, and for each of which the vessel owner has deposited and continuously maintained, until the transfer referred to in the following sentence, $700 in a special account in a bank or trust company insured by the Federal Deposit Insurance Corporation for the purpose of reimbursing the United States for enforcement expenses as provided in article 6 of the treaty. On or before the issuance of a letter of voluntary compliance the deposited funds referred to above shall be transferred, in the manner provided for in regulations, through the Secretary, to the Offshore Shrimp Fisheries Fund, established pursuant to section 6 of this Act.

24 UST 923.

OFFSHORE SHRIMP FISHERIES FUND; ENFORCEMENT EXPENSES

SEC. 6. (a) There is hereby established on the books of the Treasury a separate fund, the Offshore Shrimp Fisheries Fund, to be used by the Secretary to make payments for enforcement expenses as provided in article VI of the treaty. The fund shall be credited with permit fees collected pursuant to section 3 for enforcement expenses, funds appropriated under section 12(a), amounts transferred through the Secretary from deposits in the special accounts referred to in section 5, and amounts collected for minimum penalties pursuant to section 9. (b) The Secretary of Commerce, through the Secretary of State, shall pay, or cause to be paid, on behalf of the United States the enforcement expenses as provided in article VI of the treaty. (c) I n the event that a vessel owner, master, or other person in charge of a vessel, pays on behalf of the United States the unusual enforcement expenses incurred in carrying out the seizure and detention of a vessel, referred to in article VI of the treaty, and is not assessed a civil penalty under section 9 of this Act within two years from the date of such seizure in respect to the violation for which the vessel was seized, such vessel owner, master, or other person shall be entitled to reimbursement of amounts so paid. Application for reimbursement shall be made to the Secretary. INFORMATION AND REPORTS

SEC. 7. (a) Each master or other person in charge of a vessel which is the subject of a permit under this Act shall keep a logbook in the form and manner prescribed pursuant to the treaty and set forth in regulations. (b) I n addition to the logbook, owners of vessels which have permits under this Act shall supply to the Secretary, in such form and at such times as he may prescribe, any other information necessary in order to carry out the purposes and objectives of the treaty, the Act or the regulations, which information may include data on fishing beyond the area of agreement in order to determine to the extent possible the full potenti al of the shrimp fishery.

Logbook.

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24 usT 923.

^^^ Except RS otherwise provided in the treaty, information obtained pursuant to this Act shall be treated as conj&dential commercial information pursuant to section 552 of title 5, United States

80 Stat. 383;

Codc.

subpena author(d) The Secretary shall have the power to recjuire by subpena the ity. production of all such logbooks, records, or other mformation required ' pursuant to this section. The Secretary may delegate the power to sign subpenas and to receive documents. Jurisdiction. (g) l u cRse of coiitumacy or refusal to obey a subpena issued to any person, corporation, partnership, or other entity, the Secretary may request the Attorney General to invoke the aid of any district court of the United States or the United States courts of any territory or possession within the jurisdiction of which said person, corporation, partnership, or other entity is found, resides, or transacts business to secure compliance. PROHIBITIONS

SEC. 8. (a) Xo master or other person in charge of a vessel documented under the laws of the United States shall— (1) engage in fishing in the area of agreement, unless the v.essel is the subject of a permit in force pursuant to this Act; (2) transship shrimp in the area of agreement, unless each vessel engaged in the transshipment is the subject of a permit in force pursuant to this Act, or is otherwise authorized to fish in the area of agreement pursuant to the ti-eaty; (3) assault or attempt to prevent any duly authorized officer from boarding. searching, seizing or detaining a vessel in accordance with such officer's duties under the treaty; (4) engage in fisliing in the area of agreement contrary to regulations establishing a procedure for limiting the number of vessels allowed to be present in the area of agreement at any one time to one hundred and sixty or such other number as may be allowed pursuant to the treaty; (5) engage in fishing in the area of agreement in contravention of annex II, as it may be modified from time to time pursuant to article II of the treaty, or any regulations issued by the Secretary to implement such annex. (b) Xo master or other peison in charge of a vessel documented under the laws of the United States shall— (1) fail or refuse to keep or provide any logbooks or any other information required pursuant to this Act, or provide or furnish false logbooks or other information; (2) violate any other provision of the treaty, this Act, or any regulations promulgated by the Secretary, the violation of which is not covered by subsection (a). PENALTIES

SEC. 9. (a) Any master or other person in charge of a vessel who violates section 8 hereof may be assessed a civil penalty by the Secretary, after notice and opportunity for a hearing, of not more than $10,000 for a violation of section 8(a) and $3,000 for a violation of section 8(b). Except as provided in this section, the minimum penalty assessed shall be not less than an amount sufficient to cover the unusual enforcement expenses, if any, incurred by the United States pursuant to article VI of the treaty in connection with such violation: Provided, That if the person against whom the penalty has been assessed has paid on behalf of the United States such unusual enforcement expenses,

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the minimum penalty requirement shall not apply. The amount of any such minimum civil penalty assessed shall be deposited directly into the Offshore Shrimp Fisheries Fund. The amount of any such civil penalty over the minimum penalty may be compromised by the Secretary. (b) The Secretary shall notify any vessel owner involved in a violation of section 8 of the outcome of any proceeding under subsection (a) above. (c) The Secretary, after notice and opportunity for hearing, may assess against a vessel owner a civil penalty equal to the value of the catch on board the vessel when detained and the value of the gear involved in a violation of section 8(a)(1), or involved in a second or subsequent violation of any other provision of section 8(a) by a person against whom a penalty had previously been assessed under section 9(a) for a violation involving the operation of a vessel owned by the same person as the vessel involved in such second or subsequent violation. The amount of any such penalty shall be deposited as miscellaneous receipts into the general fund of the Treasury. (d) Upon failure of the party penalized as provided in this section to pay the penalty within thirty days of the assessment thereof, the Secretary may request the Attorney General to commence action in the Federal district court having jurisdiction over the party for such relief as may be appropriate. I n any such action for relief, the Secretary's penalty assessment shall be final and unreviewable unless the penalized party has otherwise sought judicial review thereof. (e) I n any hearing held by the Secretary in connection with the assessment oi a civil penalty hereunder, the vessel owner, the master or any other person against whom a penalty may be assessed may appear in person or by counsel at such hearing or in lieu of a personal appearance may submit such affidavits or depositions as he deems necessary to the defense of any charges which may be considered by the Secretary at such hearing. ENFORCEMENT

SEC. 10. (a) This Act shall be enforced jointly by the Secretary, the Secretary of the department in which the Coast Guard is operating, and the Secretary of the Treasury. (b) Any duly authorized law enforcement officer of the Government of Brazil who is exercising responsibility under article V of the treaty shall be impowered to act on behalf of the United States to enforce the provisions of the treaty in the area of agreement as follows: Any such officer may board and search any vessel which he has reasonable cause to believe has violated any provisions of the treaty. If after boarding and searching such vessel the officer continues to have reasonable cause to believe that a violation has been committed, he may seize and detain the vessel for the sole purpose of delivering it, as soon as practicable, to an agent of the United States Government at the nearest port to the place of seizure or any other place which is mutually agreed upon by the Government of Brazil and the Secretary of State. REGUI.ATI0NS

SEC. 11. I n addition to any specific authority contained in this Act, * the Secretary is authorized to issue all regulations necessary to carry out the purposes and objectives of the treaty and this Act. Prior to the issuance of any regulations dealing with the marking of vessels or with the use of radiotelephone frequencies, the Secretary shall consult with the Secretary of the department in which the Coast Guard is operating.

24 UST 9 2 3.

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APPROPRIATIONS

24 UST 923.

SEC. 12. (a) There is hereby authorized to be appropriated such amounts as are necessary for enforcement expenses pursuant to article VI of the treaty, to be deposited in the Offshore Shrimp Fisheries Fund. (b) There is also hereby authorized to be appropriated such amounts as are necessary for domestic enforcement expenses and the expenses of administering the provisions of the treaty, this Act, and the regulations, to be available until expended, when so provided in appropriation acts. So much of the permit fees as are identified for administrative costs shall be deposited as miscellaneous receipts to the general fund of the Treasury. TERMINATION

SEC. 13. The provisions of this Act, except section 15, shall expire June 15, 1975. SEVERABILITY

16 USC 1085. "Continental Shelf fishery resource. ''

SEC. 14. The provisions of this Act shall be severable and if any part of the Act is declared unconstitutional or the applicability thereof is held invalid, the constitutionality of the remainder and the applicability thereof shall not be affected thereby. SEC. 15. Subsections (a) and (b) of section 5 of the Act of May 20, 1964 (78 Stat. 196), are amended to read as follows: "(a) As used in this Act, the term 'Continental Shelf fishery resource' means living organisms belonging to sedentary species; that is to say, organisms, which at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil of the Continental Shelf, including the following species: "CRUSTACEA

"Tanner Crab—Chionoecetes tanneri; "Tanner Crab—Chionoecetes opilio; "Tanner Crab—Chionoecetes angulatus; "Tanner Crab—Chionoecetes bairdi; "King Crab—Paralithodes camtschatica; "King Crab-Paralithodes platypus; "King Crab—Paralithodes brevipes; "Stone Crab—Menippe mercenaria; "Lobster—Homarus Americanus; "Dungeness Crab—Cancer magister; "California King Crab—Paralithodes californiensis; "Golden King Crab—Lithodes aequispinus; "Northern Stone Crab—Lithodes maia; "Stone Crab—Menippe mercenaria; and "Deep-sea Eed Crab—-Ceryon quinquedens. "MoLLtrsKS

"EedAbalone—Haliotis rufescens; "PinkAbalone—Haliotis corrugata; "Japanese Abalone—Haliotis kamtschatkana; "Queen Conch—Strombus ^ g a s; "Surf Clam—Spisula solidissima; and "Ocean Quahog—Artica islandica.

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Page:United States Statutes at Large Volume 87.djvu/1101

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STAT.]

1069

PUBLIC LAW 93-243-J AN. 2, 1974 "SPONGES

"Glove Sponge—Hippiospongia canaliculata; "Sheepswool Sponge—Hippiospongialachne; "Grass Sponge—Spongia graminea; "Yellow Sponge—Spongia barbera. " (b) The Secretary of Commerce, in consultation with the Secretary of State, is authorized to publish in the Federal Register additional species of living organisms covered by the provisions of subsection (a) of this section." Approved January 2, 1974.

Publication in Federal Register.

Public Law 93-243 AN ACT To amend the Federal Water Pollution Control Act to establish the ratio for allocation of treatment works construction grant funds, to insure that grants may be given for other than operable units, and to clarify the requirements for development of priorities.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (a) of section 205 of the Federal Water Pollution Control Act is amended by inserting immediately after the third sentence thereof the following new sentence: "For the fiscal year ending June 30, 1975, such ratio shall be determined one-half on the basis of table I of House Public Works Committee Print Numbered 93-28 and one-half on the basis of table II of such print, except that no State shall receive an allotment less than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print.". (b) The last sentence of subsection (a) of section 205 of the Federal Water Pollution Control Act is amended by striking out "June 30, 1974," and inserting in lieu thereof "June 30, 1975,". SEC. 2. Section 203 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: " (d) Nothing in this Act shall be construed to require, or to authorize the Administrator to require, that grants under this Act for construction of treatment works be made only for projects which are operable units usable for sewage collection, transportation, storage, waste treatment, or for similar purposes without additional construction.". SEC. 3. Section 511 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: " (d) Notwithstanding this Act or any other provision of law, the Administrator (1) shall not require any State to consider in the development of the ranking in order of priority of needs for the construction of treatment works (as defined in title II of this Act), any water pollution control agreement which may have been fentered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such priority ranking.". SEC. 4. Subsection (b) of section 516 of the Federal Water Pollution Control Act, as amended (86 Stat. 895), is amended by inserting " (1) " after " (b) "; by striking " (1) ", " (2) ", " (3) ". and " (4) " and inserting in lieu thereof " (A) ", " (B) ", " (C) ", and " (D) ", respectively; and by adding the following: new paragraph:

January 2, 1974 [S.2812]

Federal Water Pollution Control Act, amendments. 86 Stat. 837. 33 USC 1285.

86 Stat. 835. 33 USC 1283.

86 Stat. 893» 33 USC 1371,

33 USC 1281.

33 USC 1375.

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PUBLIC LAW 93-244-J AN. 2, 1974

Detailed e s t i mate, submittal to C o n g r e s s.

86 33 33 33

Stat. use use use

833. 1281. 1313. 1292.

Survey forms, distribution to States.

[87 STAT.

"(2) Notwithstanding the second sentence of paragraph (1) of this subsection, the Administrator shall make a preliminary detailed estimate called for by subparagraph (B) of such paragraph and shall sub mit such preliminary detailed estimate to the Congress no later than September 3, 1974. The Administrator shall require each State to prepare an estimate of cost for such State, and shall utilize the survey form E P A - 1, O.M.B. No. 158-ROOir, prepared for the 1973 detailed estimate, except that such estimate shall include all costs of compliance with section 201(g)(2)(A) of this Act and water quality standards established pursuant to section 303 of this Act, and all costs of treatment works as defined in section 212(2), including all eligible costs of constructing sewage collection systems and correcting excessive infiltration or inflow and all eligible costs of correcting combined storm rind sanitary sewer problems and treating storm water flows. The survey form shall be distributed by the Administrator to each State no later than Jannarv' 31, 1974.". Approved January 2, 1974. Public Law 93-244

January 2, 1974 [H. R. 3733]

American Battle Monuments Commission. Control of overs e a s war memorials. 60 Stat. 317; 70 Stat. 640.

60 Stat. 3 1 8. 36 USC 128. Demolition of memorials, authority.

AN ACT To authorize the American Battle Monuments Commission to assume control of overseas war memorials erected by private persons and non-Federal and foreign agencies and to demolish such war memorials in certain instances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Act entitled "An Act for the creation of the American Battle Monuments Commission to erect suitable memorials commemorating the services of the American Soldier in Europe, and for other purposes", approved March 4, 1923 (36 U.S.C. 125), is amended by inserting ' ' (a) " immediately before "The", and by adding at the end thereof the following new subsections: "(b)(1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final. "(2) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of this Act. Any such funds so transferred shall be deposited by the Commission in the manner l^rovided for in section 7. "(c) The Commission is authorized to take necessary measures to demolish any war memorial erected on foreign soil by an American citizen, a State, a political subdivision of a State, any other nonFederal governmental agency, foreign agency, or private association

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PUBLIC LAW 93-245-JAN. 3, 1974

and to dispose of the site of such memorial in such manner as it deems proper, if— "(1) the appropriate foreign authorities agree to such demolition; and "(2) the sponsors of the memorial consent to such demolition; or "(3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed— " (A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or " (B) to locate the sponsors. " (d) As used in this section, the term 'sponsors' includes the legal successors to the sponsor." Approved January 2, 1974.

1071

"sponsors."

Public Law 93-245 AN ACT

January 3, 1974

Making supplemental appropriations for the fiscal year ending June 30, 1974, and for other purposes.

'

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the following supplemental sums are appropriated out of any money in the Treasury not other- ActTm4!'°"^ wise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriations Act, 1974") for the fiscal year ending June 30, 1974, and for other purposes, namely: CHAPTER I DEPARTMENT OF AGRICULTURE FOREIGN

AGRICULTURAL

SERVICE

For an additional amount for "Foreign Agricultural Service", $1,300,000. ENVIRONMENTAL PROTECTION AGENCY RESEARCH

AND

DEVELOPMENT

For an additional amount for "Research and Development", $10,500,000. No part of any funds appropriated under this Act may be used by the Environment Protection Agency to administer any program to tax, limit, or otherwise regulate parking facilities.

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PUBLIC LAW 93-245-JAN. 3, 1974

[87 STAT.

CHAPTER II DEPARTMENT OF DEFENSE OPERATIONS MAINTENANCE, NAVY

10 USC 7421.

For the exploration, development, and production of the Naval Petroleum Reserves $72,000,000: Provided, That subject to such authorization of production of Naval Petroleum Reserve Numbered 1 as may be granted in accordance with chapter 641, title 10, United States Code, no less than $13,000,000 shall be available for the operating expenses incurred in producing from that reserve: Provided fur^ier^ That no less than $47,500,000 shall be available to permit the development of the productive capacity of that reserve so as to permit pt-oduction at such a level as may be authorized by Congress and in a manner which is consistent with sound engineering and economic principles: Provided further, That no less than $11,500,000 shall be available for the conduct of programs of exploration for oil and gas on Naval Petroleum Reserves Numbered 1 and 4. CHAPTER III NATIONAL SCIENCE FOUNDATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $7,800,000 of which not to exceed $800,000 may be used for program development and management and not to exceed $3,100,000 may be used for Research Applied to National Needs. VETERANS ADMINISTRATION ADMINISTRATIVE PROVISION

SEC. 301. No funds appropriated in this or any other Appropriation Act for any fiscal year shall be used to make a settlement of any construction contract by the Veterans Administration in an amount in excess of $1,000,000 which has not been audited independently as to the reasonableness and appropriateness of expenditures and which has not been provided for specifically in an Appropriations Act. CHAPTER IV DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For an additional resources", $8,450,000.

amount

for

"Management

of lands

and

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Page:United States Statutes at Large Volume 87.djvu/1105

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PUBLIC LAW 9 3 - 2 4 5 - J A N. 3, 1974 CONSTRUCTION

AND

1073

MAINTENANCE

For an additional amount for "Construction and Maintenance", $500,000. BUREAU OF INDIAN AEFAIRS EDUCATION AND WELFARE SERVICES

For an additional amount for "Education and Welfare Services", $2,240,000. RESOURCES

MANAGEMENT

For an additional amount for "Kesources Management", $125,000. CONSTRUCTION

For an additional amount for "Construction", $1,020,000, to remain available until expended: Provided, That $343,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the construction of a fish hatchery and related facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614): Provided further, That $320,000 shall be available to assist the Wind River Education Association in the construction of facilities at the Ethete, Wyoming, High School: Provided further, That $2,700,000 of the amount appropriated under this heading in the Department of the Interior and Related Agencies Appropriation Act, 1974, shall be available for assistance to the Ramah Navajo School Board, Incorporated, New Mexico, for the construction of school facilities.

70 Stat. 77;

^"'^'

P- '•S'J.

43

ITc'Zi

ALASKA NATIVE F U N D

I n addition to any advances heretofore authorized to be made from the Alaska Native Fund, an additional $1,000,000 shall be available during the current fiscal year and prior to the first regular distribution pursuant to section 6 of the Alaska Native Claims Settlement Act of December 18, 1971 (Public Law 92-^203), for distribution by the Secretary of the Interior among the Regional Corporations established pursuant to section 7 of said Act, which the Secretary shall determine to be necessary for the organization of such Regional Corporation and the Village Corporations within such region, and to identify land for such Corporations pursuant to said Act, and to repay loans and other obligations incurred prior to May 27, 1972, for such purposes: Provided, That such advances shall not be subject to the provisions of section 7(j) of said Act but shall be charged to and accounted for by such Regional and Village Corporations in computing the distributions pursuant to section 7(j) required after the first regular receipt of moneys from the Alaska Native Fund under section 6 of said Act: Provided further. That no part of the money so advanced shall be used for the organization of a Village Corporation that had less than twenty-five Native residents living within such village according to the 1970 census.

22-150 O - 75 - 70

" ^ ^^^ ^^°^' ^

^s Stat. 693. 43 USC leos.

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Page:United States Statutes at Large Volume 87.djvu/1106

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PUBLIC LAW 93-245-J AN. 3, 1974

[87 STAT.

TERRITORIAL AFFAIRS TRUST TERRITORY OF THE PACIFIC ISLANDS

For an additional amount for "Trust Territory of the Pacific Islands", $10,110,000, to remain available until expended. GEOLOGICAL SURVEY SURVEYS, I N V E S T I G A T I O N S, AND RESEARCH

For an additional amount for "Surveys, investigations, and research", $1,846,000. BUREAU OF M I N E S MINES AND MINERALS

For an additional amount for "Mines and minerals", $5,670,000, of which $1,500,000 shall remain available until expended. OFFICE OF COAL EESEARCH SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $29,100,000, to remain available until expended, of which not to exceed $1,200,000 shall be available for administration and supervision. OFFICE OF O I L AND GAS SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $33,545,000: Provided, That $10,000,000 of the funds made available in this paragraph shall be set aside as a contingency reserve and shall be available for obligation only upon the enactment into law of S. 2589, Ninetythird Congress, or similar legislation. BUREAU OF SPORT FISHERIES AND WILDLIFE '

RESOURCE MANAGEMENT

For an additional amount for "Resource management", $450,000. NATIONAL PARK SERVICE PLANNING AND CONSTRUCTION

For an additional amount for "Planning and Construction", $12,000, to remain available until expended: Provided, That this amount shall not be available for obligation except upon the enactment into law of legislation authorizing th« addition of the names of the States of Alaska and Hawaii to the list of States inscribed upon the walls of the Lincoln National Memorial

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PUBLIC LAW 9 3 - 2 4 5 - J A N. 3, 1974

1075

OFFICE OF THE SECRETARY SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $8,960,000. DEPARTMENTAL OPERATIONS

For an additional amount for "Departmental operations", $543,000. OFFICE OF THE SOLICITOR SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $999,000. RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST PROTECTION AND UTILIZATION

For an additional amount for "Forest protection and utilization", for "Forest land management", $9,890,000; and for "Forest research", $240,000: Provided, That none of the funds made available in this paragraph shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research. State and private forestry, and national forest system administration of the Forest Service, Department of Agriculture, without the consent of the Committees on Appropriations of the United States Senate and House of Representatives and the Committee on Agriculture and Forestry of the United States Senate and the Committee on Agriculture of the House of Representatives. FOREST ROADS AND TRAILS

(Liquidation of Contract Authority) For an additional amount for "Forest Roads and Trails (Liquidation of contract authority)", $1,500,000, to remain available until expended. NATIONAL COUNCIL ON INDIAN OPPORTUNITY SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $75,000. H I S TO R I C A L AND M E M O R I A L COMMISSIONS AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION SALARIES AND EXPENSES

For expenses to carry out the provisions of the Act of December 11, 1973 (Public Law 93-179), $7,100,000.

Ante,

p. 697.

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Page:United States Statutes at Large Volume 87.djvu/1108

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PUBLIC LAW 93-245-JAN. 3, 1974

[87 STAT.

PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION SAI^RIES AND EXPENSES

For an additional amount for "Salaries and expenses", $150,000. CHAPTER V

^

DEPARTMENT OF LABOR MANPOWER ADMINISTRATION COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

Ante, p. 60.

To carry out title IX of the Older Americans Comprehensive Services Amendments of 1973, $10,000,000. EMPLOYMENT STANDARDS ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $2,800,000, to be derived by transfer from the appropriation for "Special benefits", fiscal year 1974.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION HEALTH SERVICES PLANNING AND DEVELOPMENT

69 Stat. 382; ^^42 USC 24*2b, 299. Ante. p. 594.

For an additional amount for "Health services planning and development", $36,500,000 of which $9,500,000 shall remain available until expended for carrying out, to the extent not otherwise provided, section 304 and title IX of the Public Health Service Act, and $27,000,000 for carrying out the provisions of Public Law 93-154, of which $10,000,000 shall be derived by transfer from funds previously appropriated for emergency medical services activities. HEALTH SERVICES DELIVERY

Ante, p. 135.

For an additional amount for "Health services delivery", for carrylug out section 4(c) of Public Law 93-53, $7,000,000. NATIONAL INSTITUTES OF HEALTH HEALTH MANPOWER

For an additional amount for "Health manpower", $5,000,000, to be available for obligation only upon enactment into law of authorizing legislation. SOCIAL AND REHABILITATION

SERVICE

SOCIAL AND R E H A B I L I T A T I O N SERVICES

Ante. p. 355. Ante. p. 370.

For an additional amount for "Social and rehabilitation services", for carrying out, except as otherwise provided, the Rehabilitation Act ^f ^973 (Public Law 93-112), $725,668,000, of which $630,000,000 shall be for grauts under section 110(a), and section 110(b), $4,000,000 to

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PUBLIC LAW 93-245-JAN. 3, 1974

1077

remain available until expended shall be for facilities construction as authorized by section 301, and $30,000,000 shall be for grants under parts C and D of said Act.

Ante,

p. 377.

RELATED AGENCIES ACTION OPERATING E X P E N S E S, DOMESTIC

PROGRAMS

For an additional amount for "Operating expenses, domestic programs", for carrying out, except as otherwise provided, the Domestic Volunteer Service Act of 1973 (Public Law 93-113), $47,857,000. ADMINISTRATIVE

Ante, p. 394.

PROVISIONS

IMPOUNDMENT OF APPROPRIATED FUNDS

SEC. 501. Any funds necessary to be appropriated for full obligation of a fiscal year 1973 appropriation determined to have been unlawfully impounded by the executive branch of the United States Government in a civil action filed on or before June 30, 1974, are hereby appropriated out of any money in the Treasury not otherwise appropriated. Since appropriations shall remain available for obligation through the later of the day on which a final judicial determination finding the impoundment legal is made or one year following the day on which the impoundment is found illegal. CONTINUING APPROPRIATIONS

SEC. 502. For continuing through June 30, 1974, the activities of the Cabinet Committee on Opportunities for Spanish-speaking people and activities under the Manpower Development and Training Act of 1962, as amended, and title I and title III B of the Economic Oppor- je sta^. 23^^ timity Act of 1964, as amended, and for necessary expenses for the note. activities of the Manpower Administration, for which provision was si Stat. 67:>. made under the joint resolution of July 1, 1972, Public Law 92-334, 286u^^^ ^^^^' as amended, and the Supplemental Appropriations Act, 1973, Public se Stat. 402. Law 92-607, such amounts as may be necessary but at a rate for opera- 86 Stat. 1498. tions not in excess of the current rate: Provided, That the current rate for operations shall be defined as that permitted by such appropriations for fiscal year 1973: Provided further, That expenditures made pursuant to this section 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: Provided further, That section 103 of Public Law 93-52 shall apply Ante, p. 133. to this appropriation. CHAPTER VI LEGISLATIVE BRANCH ' '

SENATE

"'•'•

'

'

SALARIES, OFFICERS AND EMPLOYEES OFFICE OF THE SECRETARY

For an additional amount for "Office of the Secretary", $36,480: Provided, That effective December 1, 1973, the allowance for clerical assistance and readjustment of salaries in the Disbursing Office is increased by $62,415: Provided further. That effective July 1, 1974, the allowance for clerical assistance and readjustment of salaries in the Disbursing Office is decreased by $17^100.

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PUBLIC LAW 93-245-JAN. 3, 1974

[87 STAT.

OFFICE OF SERGEANT A T ARMS A N D DOORKEEPER

For an additional amount for "Office of Sergeant at Arms and Doorkeeper", $46,055: Provided, That effective December 1, 1973, the Sergeant at Arms may appoint and fix the compensation of one additional senior programer analyst at not to exceed $22,515 per annum, two additional programer analysts at not to exceed $17,385 per annum each, and two additional mail specialists at not to exceed $10,830 per annum each. CONTINGENT EXPENSES or THE SENATE •

MISCELI^NEOUS

ITEMS

For an additional amount for "Miscellaneous Items", $115,000. For an additional amount for "Miscellaneous Items", fiscal year 1973,: $875,000. ADMINISTRATIVE

84 Stat. 1181. 2 USC 61-1.

PROVISIONS

Section 105(e) of the Legislative Branch Appropriation Act, 1968, as amended and as modified by the order of the President pro tempore of the Senate of October 4, 1973, is amended as follows: (1) I n paragraph (1), strike out "ranging from $18,525 to " and insert in lieu thereof "at not to exceed". (2) I n paragraph (2)(A), strike out "$8,265 to" each place it appears therein and insert in lieu thereof "not to exceed". (3) In paragraph (2)(B), strike out "$18,240 to", "$14,250 to", and "$8,265 to" and insert in lieu thereof in each place "not to exceed". HOUSE OF REPRESENTATIVES PAYMENTS TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS

For payment to Grace D. Saylor, widow of John P. Saylor, late a Representative from the State of Pennsylvania, $42,500. SALARIES, OFMCERS AND EMPLOYEES SPECIAL AND MINORITY EMPLOYEES

For an additional amount for "House Democratic Steering Committee", $68,560. ^ For an additional amount for "House Republican Conference", $68,560. OF F I C I A L REPORTERS O F DEBATES

For an additional amount for "Official reporters of debates", $34,930. MEMBERS' CLERK H I R E

For an additional amount for "Members' clerk hire", $6,800,000. CONTINGENT EXPENSES OF THE HOUSE SPECIAL AND SELECT COMMITTEES

For an additional amount for "Special and select committees", $1,500,000.

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