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Page:United States Statutes at Large Volume 90 Part 2.djvu/948

 9 0 STAT. 2416

Audit.

Notice and hearing.

Definitions.

Appropriation authorization.

PUBLIC LAW 94-503—OCT. 15, 1976 account of underpayment or overpayment, and may be made directly to a State or to one or more public agencies designated for this purpose by the State, or to both. " (f) The Comptroller General of the United States or any of his authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grantee under this section. " is) Whenever the Attorney General, after giving reasonable notice and opportunity for hearing to any State receiving a g r a n t under this section, finds— " (1) that the program for which such g r a n t was made has been so changed that it no longer complies with the provisions of this section; or " (2) that in the operation of the program there is failure to comply substantially with any such provision; the Attorney General shall notify such State of his findings and no further payments may be made to such State by the Attorney General until he is satisfied that such noncompliance has been, or will promptly be, corrected. However, the Attorney General may authorize the continuance of payments with respect to any program pursuant to this part which is being carried out by such State and which is not involved m the noncompliance. " (h) A s used in this section the term— " (1) ' State ' includes each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Kico; " (2) 'attorney general' means the principal law enforcement officer of a State, if that officer is not the attorney general of that State; and " (3) ' State officers and employees' includes law or economics students or instructors engaged in a clinical program under the supervision of the attorney general of a State or the Assistant Attorney General in charge of the Antitrust Division. " (i) I n addition to any other sums authorized to be appropriated for the purposes of this title, there are authorized to be appropriated to carry out the purposes of this section not to exceed $10,000,000 for the fiscal year ending September 30, 1977; not to exceed $10,000,000 for the fiscal year ending September 30, 1978; and not to exceed $10,000,000 for the fiscal year ending September 30, 1979.". INSTITUTE

National Institute of Law Enforcement and Criminal Justice. 42 USC 3742.

42 USC 3763.

AMENDMENTS

SEC. 117. (a) Section 402 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended— (1) by striking out " A d m i n i s t r a to r " in the t h i r d sentence of subsection (a) and inserting in lieu thereof "Attorney General"; (2) in the second paragraph of subsection (c), by striking out "to evaluate" and inserting in lieu thereof the following: "to make evaluations and to receive and review the results of evaluations of"; (3) in the second paragraph of subsection (c), by adding at the end the following: " The Institute shall, in consultation with State p l a n n i n g agencies, develop criteria and procedures for the performance and reporting of the evaluation of programs and projects carried out under this title, and shall disseminate information about such criteria and procedures to State planning agencies. The Institute shall also assist the Administrator in the performance of those duties mentioned in section 515(a) of this title.";

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Page:United States Statutes at Large Volume 90 Part 2.djvu/949

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 24117

(4) by inserting immediately before the final paragraph of Studies, report to President and subsection (c) the following: "The Institute shall, in consultation with the National Institute on Congress. Drug Abuse, make studies and undertake programs of research to 42 USC 3742. determine the relationship between drug abuse and crime and to evaluate the success of the various types of drug treatment programs in reducing crime and shall report its findings to the President, the Congress, and the State planning agencies and, upon request, to units of general local government"'; and (5) by adding at the end of such subsection the following: "The Institute shall, before September 30, 1977, survey existing and Surveys, future needs in correctional facilities in the Nation and the adequacy of Federal, State, and local programs to meet such needs. Such survey shall specifically determine the effect of anticipated sentencing reforms such as mandatory minimum sentences on such needs. In carrying out the provisions of this section, the Director of the Institute shall make maximum use of statistical and other related information of the Department of Labor, Department of Health, Education, and Welfare, the General Accounting Office, Federal, State, and local criminal justice agencies and other appropriate public and private agencies. "The Institute shall identify programs and projects carried out under this title which have demonstrated success in improving law enforcement and criminal justice and in furthering the purposes of this title, and which offer the likelihood of success if continued or repeated. The Institute shall compile lists of such programs and projects for the Administrator who shall disseminate them to State planning agencies and, upon request, to units of general local government.". (b) Section 402(b)(3) of such Act is amended by striking out ", and to evaluate the success of correctional procedures". CONFORMING

AMENDMENT

SEC. 118. (a) Section 453(10) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out "and (15)" and 42 USC 3750L inserting in lieu thereof " (15), and (17)". NONPROFIT ORGANIZATIONS; INDIAN TRIBES

SEC. 119. Section 455 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out "or" in paragraph 42 USC 3750fl. (a)(2) and by inserting "or nonprofit organization," after the second occurrence of the word "units," in that paragraph. 42 USC 3765. (b) Section 507 of such Act is amended— (1) by inserting " (a) " immediately after "SEC. 507."; and (2) by adding at the end the following new subsection: "(b) In the case of a grant to an Indian tribe or other aboriginal group, if the Administration determines that the tribe or group does not have sufficient funds available to meet the local share of the costs of any program or project to be funded under the grant, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary. Where a State does not have an adequate forum to enforce grant provisions imposing liability on Indian tribes, the Administration is authorized to waive State liability and may pursue such legal remedies as are necessary.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/950

 90 STAT. 2418

PUBLIC LAW 94-503—OCT. 15, 1976 RULES AND IIEGUI.ATIONS REQUIREMENT

42 USC 3751.

SEC. 120. Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding the following sentence at the end: "The Administration shall establish such rules and regulations as are necessary to assure the proper auditing, monitoring, and evaluation by the Administration of both the comprehensiveness and impact of programs funded under this title in order to determine whether such programs submitted for funding are likely to contribute to the improvement of law enforcement and criminal justice and the reduction and prevention of crime and juvenile delinquency and whether such programs once implemented have achieved the goals stated in the original plan and application.". HEARING EXAMINERS

42 USC 3755.

SEC. 121. Section 607 of the Omnibus Grime Control and Safe Streets Act of 19C8 is amended to read as follows: "SEC. 507. Subject to the Civil Service and classification laws, the Administration is authorized to select, appoint, employ, and fix compensation of such officers and employees as shall be necessary to carry out its powers and duties under this title and is authorized to select, appoint, employ, and fix compensation of such hearing examiners or to request the use of such hearing examiners selected by the Civil Service Commission pursuant to section 3344 of title 5, United States Code, as shall be necessary to carry out its powers and duties under this title.". CIVIL RIGHTS ENFORCEMENT PROCEDURES

42 USC 3757. Infra.

42 USC 3766.

Notice and hearing.

SEC. 122. (a) Section 509 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out "Whenever the Administration" and all that follows down through "grantee under this title," and inserting in lieu thereof "Except as provided in section 518(c), whenever the Administration, after notice to an applicant or a grantee under this title and opportunity for a hearing on the record in accordance with section 554 of title 5, United States Code,". (b) Section 518(c) of such Act is amended to read as follows: "(c)(1) No person in any State shall on the ground of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. " (2)(A) Whenever there has been— "(i) receipt of notice of a finding, after notice and oppoitunity for a hearing, by a Federal court (other than in an action brought by the Attorney General) or State court, or by a Federal or State administrative agency (other than the Administration under subparagraph (ii)), to the effect that there has been a pattern or practice of discrimination in violation of subsection (c)(1); or "(ii) a determination after an investigation by the Administration (prior to a hearing under subparagraph (F) but including an opportunity for the State government or unit of general local government to make a documentary submission regarding the allegation of discrimination with respect to such program or activity, with funds made available under this title) that a State government or unit of general local government is not in compliance with subsection (c)(1);

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Page:United States Statutes at Large Volume 90 Part 2.djvu/951

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2419

the Administration shall, within ten days after such occurrence, notify the chief executive of th", affected State, or the State in which the affected unit of general local government is located, and the chief executive of such unit of general local government, that such program or activity has been so found or determined not to be in compliance with subsection (c)(1), and shall request each chief executive, notified under this subparagraph with respect to such violation, to secure compliance. For purposes of subparagraph (i) a finding by a Federal or State administrative agency shall be deemed rendered after notice and opportunity for a hearing if it is rendered pursuant to procedures consistent with the provisions of subchapter II of chapter 5, title 5, United States Code. "(B) In the event the chief executive secures compliance after notice pursuant to subparagraph (A), the terms and conditions with which the aff'ected State government or unit of general local government agrees to comply shall be set forth in writing and signed by the chief executive of the State, by the chief executive of such unit (in the event of a violation by a unit of general local government), and by the Administration, On or prior to the effective date of the agreement, the Administration shall send a copy of the agreement to each complainant, if any, with respect to such violation. The chief executive of the Reports to State, or the chief executive of the unit (in the event of a violation by Administration, a unit of general local government) shall file semiannual reports with the Administration detailing the steps taken to comply with the agreement. Within 15 days of receipt of such reports, the Administration shall send a copy thereof to each such complainant. "(C) If, at the conclusion of ninety days after notification under subparagraph (A) — "(i) compliance has not been secured by the chief executive of that State or the chief executive of that unit of general local government; and "(ii) an administrative law judge has not made a determination under subparagraph (F) that it is likely the State government or unit of local government will prevail on the merits; the Administration shall notify the Attorney General that compliance has not been secured and suspend further payment of any funds under this title to that program or activity. Such suspension shall be limited to the specific program or activity cited by the Administration in the notice under subparagraph (A). Such suspension shall be effective for a period of not more than one hundred and twenty days, or, if there is a hearing under subparagraph (G), not more than thirty days after the conclusion of such hearing, unless there has been an express finding by the Administration after notice and opportunity for such a hearing, that the recip^ ient is not in compliance with subsection (c)(1). "(D) Payment of the suspended funds shall resume only if— "(i) such State government or unit of general local government enters into a compliance agreement approved by the Administration and the Attorney General in accordance with subparagraph (B); "(ii) such State government or unit of general local government complies fully with the final order or judgment of a Federal or State court, or by a Federal or State administrative agency if that order or judgment covers all the matters raised by the Administration in the notice pursuant to subparagraph (A), or is found to be in compliance with subsection (c)(1) by such court; or " (iii) after a hearing the Administration pursuant to subparagraph (F) finds that noncompliance has not been demonstrated.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/952

 ^ S T A T. 2420

'

PUBLIC LAW 94-503—OCT. 15, 1976 " (E) Whenever the Attorney General files a civil action alleging a pattern or practice of discriminatory conduct on the basis of race, color, religion, national origin, or sex in any program or activity of a State government or unit of local government which State government or unit of local government receives funds made available under this title, and the conduct allegedly violates the provisions of this section and neither party within forty-five days after such filing has been granted such preliminary relief with regard to the suspension or payment of funds as may be otherwise available by law, the Administration shall suspend further payment of any funds under this title to that specific program or activity alleged by the Attorney General to be in violation of the provisions of this subsection until such time as the court orders resumption of payment. " (F) Prior to the suspension of funds under subparagraph (C), but within the ninety-day period after notification under subparagraph (C), the State government or unit of local government may request an expedited preliminary hearing by an administrative law judge in order to determine whether it is likely that the State government or unit of local government would, at a full hearing under subparagraph (G), prevail on the merits on the issue of the alleged noncompliance. A finding under this subparagraph by the administrative law judge in favor of the State government or unit of local government shall defer the suspension of funds under subparagraph (C) pending a finding of noncompliance at the conclusion of the hearing on the merits under subparagraph (G). "(G)(i) At any time after notification under subparagraph (A), but before the conclusion of the one hundred and twenty day period referred to in subparagraph (C), a State government or unit of general local government may request a hearing, which the Administration shall initiate within sixty days of such request. "(ii) Within thirty days after the conclusion of the hearing, or, in the absence of a hearing, at the conclusion of the one hundred and twenty day period referred to in subparagraph (C), the Administration shall make a finding of compliance or noncompliance. If the Administrator makes a finding of noncompliance, the Administration shall notify the Attorney General in order that the Attorney General may institute a civil action under subsection (c)(3), terminate the payment of funds under this title, and, if appropriate, seek repayment of such funds. "(iii) If the Administration makes a finding of compliance, payment of the suspended funds shall resume as provided in subparagraph (D). " (H) Any State government or unit of general local government aggrieved by a final determination of the Administration under subparagraph (G) may appeal such determination as provided in section 511 of this title. "(3) Whenever the Attorney General has reason to believe that a State government or unit of local government has engaged or is engaging in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may grant as relief any temporary restraining order, preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of such funds made available under this title as the court may deem appropriate, or placing any further such funds in escrow pending the outcome of the litigation.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/953

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2421

" (4) (xA) Whenever a State government or unit of local government, or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this subsection, a civil action may be instituted after exhaustion of administrative remedies by the person aggrieved in an appropriate United States district court or in a State court of general jurisdiction. Administrative remedies shall be deemed to be exhausted upon the expiration of sixty days after the date of the administrative complaint was filed with the Administration, or any other administrative enforcement agency, unless within such period there has been a determination by the Administration or the agency on the merits of the complaint, in which case such remedies shall be deemed exhausted at the time the determination becomes final. "(B) In any civil action brought by a private person to enforce compliance with any provision of this subsection, the court may grant to a prevailing plaintiff reasonable attorney fees, unless the court determines that the lawsuit is frivolous, vexatious, brought for harassment purposes, or brought principally for the purpose of gaining attorney fees. "(C) In any action instituted under this section to enforce compliance with section 518(c)(1), the Attorney General, or a specially Ante, p. 2418. designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action,". CONFORMING AMENDMENT

SEC. 123. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out section 512. 42 USC 3760. ADMINISTRATIVE PROVISIONS

SEC. 124. Section 515 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: 42 USC 3763. "SEC. 515. (a) Subject to the general authority of the Attorney General, and under the direction of the Administrator, the Administration shall— "(1) review, analyze, and evaluate the comprehensive State plan submitted by the State planning agency in order to determine whether the use of financial resources and estimates of future requirements as requested in the plan are consistent with the purposes of this title to improve and strengthen law enforcement and criminal justice and to reduce and prevent crime; if warranted, the Administration shall thereafter make recommendations to the State planning agency concerning improvements to be made in that comprehensive plan; " (2) asssure that the membership of the State planning agency is fairly representative of all components of the criminal justice system and review, prior to approval, the preparation, justification, and execution of the comprehensive plan to determine whether the State planning agency is coordinating and controlling the disbursement of the Federal funds provided under this title in a fair and proper manner to all components of the State and local criminal justice system; to assure such fair and proper disbursement, the State planning agency shall submit to the Administration, together with its comprehensive plan, a financial analysis indicating the percentage of Federal funds to be allocated under

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Page:United States Statutes at Large Volume 90 Part 2.djvu/954

 90 STAT. 2422

PUBLIC LAW 94-503—OCT. 15, 1976 the plan to each component of the State and local criminal justice system; " (3) develop appropriate procedures for determining the impact and value of programs funded pursuant to this title and whether such funds should continue to be allocated for such programs; and "(4) assure that the programs, functions, and management of the State planning agency are being carried out efficiently and economically. "(b) The Administration is also authorized— "(1) to collect, evaluate, publish, and disseminate statistics and other information on the condition and progress of law enforcement within and without the United States; and "(2) to cooperate with and render technical assistance to States, units of general local government, combinations of such States or units, or other public or private agencies, organizations, institutions, or international agencies in matters relating to law enforcement and criminal justice. "(c) Funds appropriated for the purposes of this section may be expanded by grant or contract, as the Administration may determine to be appropriate.". ANNUAL REPORTS AMENDMENT

Report to President and congressional 42"nsr^S767

SEC. 125. Section 519 of the Omnibus Crime Control and Safe Streets ^ ^ t of 1968, is amended to read as follows; "SEC. 519. On or before December 31 of each year, the Administration shall report to the President and to the Committees on the Judiciary of the Senate and House of Representatives on activities pursuant to the provisions of this title during the preceding fiscal year. Such report shall include— "(1) an analysis of each State's comprehensive plan and the programs and projects funded thereunder including— " (A) the amounts expended for each of the components of the criminal justice system, "(B) a brief description of the procedures followed by the State in order to audit, monitor, and evaluate programs and projects, "(C) the descriptions and number of program and project areas, and the amounts expended therefore, which are innovative or incorporate advanced techniques and which have demonstrated promise of furthering the purposes of this title, "(D) the descriptions and number of program and project areas, and amounts expended therefore, which seek to replicate programs and projects which have demonstrated success in furthering the purposes of this title, " (E) the descriptions and number of program and project areas, and the amounts expended therefor, which have achieved the purposes for which they were intended and the specific standards and goals set for them, " (F) the descriptions and number of program and project areas, and the amounts expended therefor, which have failed to achieve the purposes for which they were intended or the specific standards and goals set for them, "(2) a summary of the major innovative policies and programs for reducing and preventing crime recommended by the Administration during the preceding fiscal year in the course of providing technical and financial aid and assistance to State and local governments pursuant to this title;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/955

 PUBLIC LAW 94-503—OCT. 15, 1976 "(3) an explanation of the procedures followed by the Administration in reviewing, evaluating, and processing the comprehensive State plans submitted by the State planning agencies and programs and projects funded thereunder; " (4) the number of comprehensive State plans approved by the Administration without recommending substantial changes; "(5) the number of comprehensive State plans on which the Administration recommended substantial changes, and the disposition of such State plans; "(6) the number of State comprehensive plans funded under this title during the preceding three fiscal years in which the funds allocated have not been expended in their entirety; " (7) the number of programs and projects with respect to which a discontinuation, suspension, or termination of payments occurred under section 509, or 518(c), together with the reasons for such discontinuation, suspension, or termination; "(8) the number of programs and projects funded under this title which were subsequently discontinued by the States following the termination of funding under this title; " (9) a summary of the measures taken by the Administration to monitor criminal justice programs funded under this title in order to determine the impact and value of such programs; "(10) an explanation of how the funds made available under sections 306(a)(2), 402(b), and 455(a)(2) of this title were expended, together with the policies, priorities, and criteria upon which the Administration based such expenditures; and "(11) a description of the implementation of, and compliance with, the regulations, guidelines, and standards required by section 454 of this Act.".

90 STAT. 24213

42 USC 3757. Ante, p. 2418.

42 USC 3736, 3742, 3750d.

42 USC 3750c.

EXTENSION OF PROGRAM; AUTHORIZATION OF APPROPRIATIONS

SEC. 126. (a) Section 520(a) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking out the first sentence 42 USC 3768. and inserting in lieu thereof the following: "There are authorized to be appropriated for the purposes of carrying out this title not to exceed $220,000,000 for the period beginning on July 1, 1976, and ending on September 30, 1976, not to exceed $880,000,000 for the fiscal year ending September 30, 1977; $800,000,000 for the fiscal year ending September 30, 1978; and $800,000,000 for the fiscal year ending September 30, 1979. In addition to any other sums available for the purposes of grants under part C of this title, there is authorized to be appropriated not to exceed $15,000,000 for the fiscal year ending September 30, 1977; and not to exceed $15,000,000 for each of the two succeeding fiscal years; for the purposes of grants to be administered by the Office of Community Anti-Crime Programs for community patrol activities and the encouragement of neighborhood participation in crime prevention and public safety efi'orts under section 301(b)(6) 42 USC 3731. of this title.". (b) Section 520(b) of such Act is amended to read as follows: "(b) In addition to the funds appropriated under section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974, the 42 USC 5671. Administration shall maintain from the appropriation for the Law Enforcement Assistance Administration, each fiscal year, at least 19.15 percent of the total appropriations for the Administration, for juvenile delinquency programs.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/956

 90 STAT. 2424

PUBLIC LAW 94-503—OCT. 15, 1976 REGULATIONS REQUIREMENT

42 USC 3769.

Ante, p. 2418.

SEC. 127. Section 521 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended— (1) by inserting immediately after subsection (c) the following: "(d) Within one hundred and twenty days after the enactment of this subsection, the Administration shall promulgate regulations establishing— "(1) reasonable and specific time limits for the Administration to respond to the filing of a complaint by any person alleging that a State government or unit of general local government is in violation of the provisions of section 518(c) of this title; including reasonable time limits for instituting an investigation, making an appropriate determination with respect to the allegations, and advising the complainant of the status of the complaint, and " (2) reasonable and specific time limits for the Administration to conduct independent audits and reviews of State governments and units of general local government receiving funds pursuant to this title for compliance with the provisions of section 518(c) of this title."; and (2) by redesignating subsection (d) as subsection (e). OPERATION STING

42 USC 3769. Revolving fund, establishment.

42 USC 3731.

SEC. 128. (a) Section 521 of the Omnibus Crime Control and Safe Streets Act of 1968 is furtlier amended by adding at the end the following new subsection: " (e) There is hereby established a revolving fund for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt illicit commerce in such goods and property. Notwithstanding any other provisions of law, any income or royalties generated from such projects together with income generated from any sale or use of such goods or property, where such goods or property are not claimed by their lawful owner, shall be paid into the revolving fund. Where a party establishes a legal right to such goods or property, the Administrator of the fund may in his discretion assert a claim against the property or goods in the amount of Federal funds used to purchase such goods or property. Proceeds from such claims shall be paid into the revolving fund. The Administrator is authorized to make disbursements by appropriate means, including grants, from the fund for the purpose of this section.". (b) Section 301(c) of such Act is amended by adding at the end of the section the following: "In the case of a grant for the purpose of supporting projects that will acquire stolen goods and property in an effort to disrupt commerce in such property, the Administration may increase the Federal share of the cost thereof to the extent it deems necessary.". DEFINITIONS AMENDMENTS

42 USC 3781. "eourt of last resort."

SEC. 129. (a) Section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: "(p) The term 'court of last resort' means that State court having the highest and final appellate authority of the State. In States having two or more such courts, court of last resort shall mean that State court, if any, having highest and final appellate authority, as well as both administrative responsibility for the State's judicial system and the institutions of the State judicial branch and rulemaking authority.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/957

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2425

In other States having two or more courts with highest and final appellate authority, court of last resort shall mean that highest appellate court which also has either rulemaking authority or administrative responsibility for the State's judicial system and the institutions of the State judicial branch. Except as used in the definition of the term 'court of last resort', the term 'court' means a tribunal or judicial 'Court. system having criminal or juvenile jurisdiction.". "(q) The term 'evaluation' means the administration and conduct 'Evaluation. of studies and analyses to determine the impact and value of a project or program in accomplishing the statutory objectives of this title.". (b) Section 601(c) of such Act is amended by inserting "the Trust 42 USC 3781. Territory of the Pacific Islands," after "Puerto Kico,". J U V E N I L E JUSTICE ACT AMENDMENTS

SEC. 130. (a) Section 261 of the Juvenile Justice and Delinquency Prevention Act of 1974 (88 Stat. 1129) is amended by striking sub- 42 USC 5671. section (b) and inserting in lieu thereof the following: "(b) In addition to the funds appropriated under section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974, the Administration shall maintain from the appropriation for the Law Enforcement Assistance Administration, each fiscal year, at least 19.15 percent of the total appropriations for the Administration, for juvenile delinquency programs.". (b) Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking out "and (15)" and insert- 42 USC 5633. ing in lieu thereof "(15), and (17)". (c) Section 225 of the Juvenile Justice and Delinquency Prevention Act of 1974 is amended as follows: 42 USC 5635. (1) After section 225(c)(6) add a new paragraph as follows: "(^7) the adverse impact that may result from the restriction of eligibility, based upon population, for cities with a population greater than forty thousand, located within States which have not city with a population over two hundred and fifty thousand.". (2) Add at the end a new subsection (d) as follows: "(d) No city should be denied an application solely on the basis of its population.". TITLE II—PROVISIONS RELATING TO OTHER MATTERS DRUG ENFORCEMENT

ADMINISTRATION

SEC. 201. (a) Effective beginning one year after date of the enact- Effective date, ment of this Act, the following positions in the Drug Enforcement 28 USC 509 note. Administration (and individuals holding such positions) are hereby excepted from the competitive service: (1) positions at GS-16, 17, and 18 of the General Schedule under section 5332(a) of title 5, United States Code, and (2) positions at GS-15 of the General Schedule which are designated as— (A) regional directors, ^B) office heads, or (C) executive assistants (or equivalent positions) under the immediate supervision of the Administrator (or the Deputy Administrator) of the Drug Enforcement Administration.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/958

 90 STAT. 2426 Effective date.

Effective date.

Effective date.

PUBLIC LAW 94-503—OCT. 15, 1976 (b) Effective during the one year period beginning on the date of the enactment of this Act, vacancies in positions in the Drug Enforcement Administration (other than positions described in subsection (a)) at a grade not lower than GS-14 shall be filled— (1) first, from applicants who have continuously held positions described in subsection (a) since the date of the enactment of this Act and who have applied for, and are qualified to fill, such vacancies, and (2) then, from other applicants in the order which would have occurred in the absence of this subsection. Any individual placed in a position under paragraph (1) shall be paid in accordance with subsection (d). (c)(1) Effective beginning one year after the date of the enactment of this Act, an individual in a position described in subsection (a) may be removed, suspended for more than 30 days, furloughed without pay, or reduced in rank or pay by the Administrator of the Drug Enforcement Administration if— (A) such individual has been employed in the Drug Enforcement Administration for less than the one-year period immediately preceding the date of such action, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. (2) Effective beginning one year after the date of the enactment of this Act, an individual in a position described in subsection (a) may be reduced in rank or pay by the Administrator within the Drug Enforcement Administration if— (A) such individual has been continuously employed in such position since the date of the enactment of this Act, and (B) the Administrator determines, in his discretion, that such action would promote the efficiency of the service. Any individual reduced in rank or pay under this paragraph shall be paid in accordance with subsection (d). (3) The provisions of sections 7512 and 7701 of title 5, United States Code, and otherwise applicable Executive orders, shall not apply with respect to actions taken by the Administrator under paragraph (1) or any reduction in rank or pay (under paragraph (2) or otherwise) of any individual in a position described in subsection (a). (d) Any individual whose pay is to be determined in accordance with this subsection shall be paid basic pay at the rate of basic pay he was receiving immediately before he was placed in a position under subsection (b)(1) or reduced in rank or pay under subsection (c)(2), as the case may be, until such time as the rate of basic pay he would receive in the absence of this subsection exceeds such rate of basic pay. The provisions of section 5337 of title 5, United States Code, shall not apply in any case in which this subsection applies. J U S T I C E DEPARTMENT PERSONNEL

SEC. 202. (a) Subsection (c) of section 5108 of title 5, United States Code, is amended by striking out paragraph (8) and inserting in lieu thereof the following new paragraph: "(8) the Attorney General, without regard to any other provision of this section, may place a total of 32 positions in GS-16, 17, and 18:". (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraphs: "(109) Commissioner of Immigration and Naturalization, Department of Justice.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/959

 PUBLIC LAW 94-503—OCT. 15, 1976

90 STAT. 2427

"(110) United States attorney for the Northern District of Illinois. " ( I l l) United States atttorney for the Central District of California. "(112) Director, Bureau of Prisons, Department of Justice. " ( l i s) Deputy Administrator for Administration of the Law Enforcement Assistance Administration.", (c) Section 5316 of title 5, United States Code, is amended by— (1) striking out paragraph (44); (2) striking out paragraph (115); (3) striking out paragraph (116); (4^ striking out paragraph (58); and (5) striking out paragraph (134). TERM OF FBI DIRECTOR

SEC. 203. Section 1101 of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting " (a) " immediately after 28 USC 532note. "SEC. 1101." and by adding at the end thereof the following new subsection: " (b) Effective with respect to any individual appointment by the Effective date. President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term. The provisions of subsections (a) through (c) of section 8335 of title 5, United States Code, shall apply to any individual appointed under this section.". AUTHORIZING JURISDICTION

SEC. 204. No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Neither the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the Department, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropriations for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978. Approved October 15, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1155 accompanying H.R. 13636 (Comm. on the Judiciary) and No. 94-1723 (Comm. of Conference). SENATE REPORT No. 94-847 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): July 22, 23, 26, considered and passed Senate. Sept. 2, considered and passed House, amended, in lieu of H.R. 13636. Sept. 30, House and Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/960

 90 STAT. 2428

PUBLIC LAW 94-504—OCT. 15, 1976

Public Law 94-504 94th Congress Joint Resolution Oct. 15, 1976 [HJ. Res. 1118]

Black lung benefits. 30 USC 932a. 30 USC 901. 30 USC 925. "Qualified individual."

To provide that (lualitied individuals may hear and determine claims for benefits under title IV of the Federal Coal Mine Health and Safety Act of 1969, and to provide for appeal to superior agency authority from any such determination.

Be it resolred by the Senate and House of Representatives of the United States of America in Congress assembled, That qualified individuals appointed by the Secretary of Labor may hear and determine claims for benefits under part C of title IV of the Federal Coal Mine Health and Safety Act of 1969 and under section 415 of such Act. For purposes of this Joint Resolution, the term "qualified individual" means such an individual, regardless of whether that individual is a hearing: examiner appointed under section 3105 of title 5, United States Code. Nothing in this Joint Resolution shall be deemed to imply that there is or is not in effect any authority for such individuals to hear and determine such claims under any provision of law other than this Joint Resolution. Approved October 15, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/961

 PUBLIC LAW 94-505—OCT. 15, 1976

90 STAT. 2429

Public Law 94-505 94th Congress An Act To authorize conveyance of the interests of the United States in certain lands in Salt Lake County, Utah, to Shriners' Hospitals for Crippled Children, a Colorado corporation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of General Services is authorized, subject to section 2 of this Act, to convey to the Shriners' Hospitals for Crippled Children, a Colorado corporation, without consideration, all right, title, and interest remaining in the United States in and to the following described land, being a portion of the tract conveyed to Shriners' Hospitals for Crippled Children by deed of July 12, 1946, pursuant to the Act entitled " A n Act to authorize the Secretary of W a r to convey certain lands situated within the Fort Douglas Military Reservation to the Shriners' Hospitals for Crippled Children", approved March 14, 1946 (60 Stat. 5 5): Beginning at a point north 0 degrees 01 minutes 57 seconds west 42.07 feet and south 75 degrees 09 minutes 12 seconds east 34.14 feet from a Salt Lake City monument at the intersection of Eleventh Avenue and Virginia Street, such point being further described as north 529.37 feet and east 268.85 feet from the southwest corner of the northwest quarter of section 33, township 1 north, range 1 east. Salt Lake base and meridian; running thence south 0 degrees 01 minutes 57 seconds east 30.76 feet; thence south 87 degrees 50 minutes 03 seconds east 135.45 feet; thence north 75 degrees 09 minutes 12 seconds west 140.04 feet to the point of beginning. SEC. 2. (a) The conveyance to be made under this Act shall be subject to the condition that the transferee, the Shriners' Hospitals for Crippled Children, shall reconvey or dedicate the land specifically described in the first section of this Act to Salt Lake County, U t a h, for street construction purposes. (b) The costs of any surveys necessary as an incident to the conveyance authorized by this Act shall be borne by the Shriners' Hospitals for Crippled Children.

Oct. l b, i v / o [H.R. 11347]

Shriners' Hospitals for Crippled Children, Utah. Conveyance. Office of Inspector General in HEW. Establishment.

Description.

Conditions.

Costs.

TITLE II—OFFICE OF INSPECTOR GENERAL Establishment. SEC. 201. I n order to create an independent and objective unit— (1) to conduct and supervise audits and investigations relating 42 USC 3521. to programs and operations of the Department of Health, Education, and W e l f a r e; (2) to provide leadership and coordination and recommend policies for activities designed (A) to promote economy and efficiency in the administration of, and (B) to prevent and detect fraud and abuse in, such programs and operations; and (3) to provide a means for keeping the Secretary and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action; there is hereby established in the Department of Health, Education, and Welfare an Office of Inspector General.

89-194 O—78—pt. 2

61

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Page:United States Statutes at Large Volume 90 Part 2.djvu/962

 90 STAT. 2430

PUBLIC LAW 94-505—OCT. 15, 1976 OFFICERS

42 USC 3522.

5 USC 7321.

' "'

SEC. 202. (a) There shall be at the head of the Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, solely on the basis of integrity and demonstrated ability and without regard to political affiliation. The Inspector General shall report to and be under the general supervision of the Secretary or, to the extent such authority is delegated, the Under Secretary, but shall not be under the control of, or subject to supervision by, any other officer of the Department. (b) There shall also be in the Office a Deputy Inspector General appointed by the President, by and with the advice and consent of the Senate, solely on the basis of integrity and demonstrated ability and without regard to political affiliation. The Deputy shall assist the Inspector General in the administration of the Office and shall, during the absence or temporary incapacity of the Inspector General, or during a vacancy in that office, act as Inspector General. (c) The Inspector General or the Deputy may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. (d) The Inspector General and the Deputy shall each be subject to the provisions of subchapter III of chapter 73, title 5, United States Code, notwithstanding any exemption from such provisions which might otherwise apply. (e) The Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of the functions, powers, and duties transferred by section 6(a)(1), and (2) appoint an Assistant Insnector General for Investigations who shall have the responsibility for supervising the performance of the functions, powers, and duties transferred by section 6(a)(2). DUTIES AND RESPONSIBILITIES

42 USC 3523.

g^c. 203. (a) I t shall be the duty and responsibility of the Inspector General— (1) to supervise, coordinate, and provide policy direction for auditing and investigative activities relating to programs and operations of the Department; (2) to recommend policies for, and to conduct, supervise, or coordinate other activities carried out or financed by the Department for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations; (3) to recommend policies for, and to conduct, supervise, or coordinate relationships between the Department and other Federal agencies, State and local governmental agencies, and nongovernmental entities with respect to (A) all matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by the Department, or (B) the identification and prosecution of participants in such fraud or abuse; and (4) to keep the Secretary and the Congress fully and currently informed, by means of the reports required by section 4 and other-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/963

 PUBLIC LAW 94-505—OCT. 15, 1976

90 STAT. 2431

wise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by the Department, to recommend corrective action concerning such problems, abuses, and deficiencies, and to report on the progress made in implementing such corrective action. (b) In carrying out the responsibilities specified in subsection (a)(1), the Inspector General shall have authority to approve or disapprove the use of outside auditors or to take other appropriate steps to insure the competence and independence of such auditors. (c) In carrying out the duties and responsibilities provided by this Act, the Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view to avoiding duplication and insuring effective coordination and cooperation, (d) The Inspector General shall establish within his office an appropriate and adequate staff with specific responsibility for devoting their full time and attention to antifraud and antiabuse activities relating to the medicaid, medicare, renal disease, and maternal and child health programs. Such staff shall report to the Deputy. REPORTS

SEC. 204. (a) The Inspector General shall, not later than March 31 42 USC 3524. of each year, submit a report to the Secretary and to the Congress summarizing the activities of the Office during the preceding calendar year. Such report shall include, but need not be limited to— (1) an indentification and description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the Department disclosed by such activities; (2) a description of recommendations for corrective action made by the Office with respect to significant problems, abuses, oideficiencies identified and described under paragraph (1); (3) an evaluation of progress made in implementing recommendations described in the report or, where appropriate, in previous rejjorts; and (4) a summary of matters referred to prosecutive authorities and the extent to which prosecutions and convictions have resulted. (b) The Inspector General shall make reports on a quarterly basis to the Secretary and to the appropriate committees or subcommittees of the Congress identifying any significant problems, abuses, or deficiencies concerning which the Office has made a recommendation for corrective action and on which, in the judgment of the Inspector General, adequate progress is not being made. (c) The Inspector General shall report immediately to the Secretary, and within seven calendar days thereafter to the appropriate committees or subcommittees of the Congress, whenever the Office becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the Department. The Deputy and Assistant Inspectors General shall have particular responsibility for informing the Inspector General of such problems, abuses, or deficiencies. (d) The Inspector General (A) may make such additional investigations and reports relating to the administration of the programs and operations of the Department as are, in the judgment of the Inspector General, necessary or desirable, and (B) shall provide such additional information or documents as may be requested by either House of

I

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Page:United States Statutes at Large Volume 90 Part 2.djvu/964

 90 STAT. 2432

PUBLIC LAW 94-505—OCT. 15, 1976 Congress or, with respect to matters within their jurisdiction, by any committee or subcommittee thereof. (e) Notwithstanding any other provision of law, the reports, information, or documents required by or under this section shall be transmitted to the Secretary and the Congress, or committees or subcommittees thereof, by the Inspector General without further clearance or approval. The Inspector General shall, insofar as feasible, provide copies of the reports required under subsections (a) and (b) to the Secretary sufficiently in advance of the due date for their submission to Congress to provide a reasonable opportunity for comments of the Secretary to be appended to the reports when submitted to Congress. AUTHORITY; ADMINISTRATION PROVISIONS

42 USC 3525.

5 USC 101. 5 USC 5101, 5332.

5 USC 5332.

SEC. 205. (a) In addition to the authority otherwise provided by this Act, the Inspector General, in carrying out the provisions of this Act, is authorized— (1) to have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material available to the Department which relate to programs and operations with respect to which the Inspector General has responsibilities under this Act; (2) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this Act from any Federal, State, or local governmental agency or unit thereof; (3) to require by subpena the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary in the performance of the functions assigned by this Act, which subpena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court; (4) to have direct and prompt access to the Secretary when necessary for any purpose pertaining to the performance of functions and responsibilities under this Act; (5) in the event that a budget request for the Office of Inspector General is reduced, before submission to Congress, to an extent which the Inspector General deems seriously detrimental to the adequate performance of the functions mandated by this Act, the Inspector General shall so inform the Congress without delay; (6) to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 63 of such title relating to classification and General Schedule pay rates; (7) to obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; (8) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such

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Page:United States Statutes at Large Volume 90 Part 2.djvu/965

 PUBLIC LAW 94-505—OCT. 15, 1976 payments as may be necessary to c any out the provisions of this Act. (b)(1) Upon request of the Inspector General for information or assistance under subsection (a)(2), the head of any Federal agency involved shall, insofar as is practicable, and not in contravention of any existing statutory restriction, or regulation of the Federal agency from which the information is requested, furnish to the Inspector General, or to an authorized designee, such information or ansistance. (2) Whenever information or assistance requested under subsection (a)(1) or (a)(2) is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary and to the appropriate couimittees or subcommittees of the Congress without delay. (3) I n the event any record or other information requested by the luspector General under subsection (a)(1) or (a)(2) is not considered to be available under the provisions of section 5r)2a(b)(1), (3), or (7) of title 5, United States Code, such record or information shall be available to the Inspector General in the same manner and to the sauie extent it would be available to the Comptroller General. (c) The Secretary shall provide the Inspector General and his staff with appropriate and adeciuate office space at central and field office locations of the Department, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the ec^uipment and facilities located therein. (d)(1) The Inspector General shall receive compensation at the rate provided for level IV of the Executive Schedule by section 5315 of title 5, United States Code. (2) The Deputy shall receive compensation at the rate provided for level V of the Executive Schedule by section 5316 of title 5, Ignited States Code.

90 STAT. 2433

Report to Secretary and congressional committees.

Compensation,

T;{AXSrER OF F l ' X C T I O X S

SEC. 200. (a) There are hereby transferred to the Office of Inspector 42 USC 3526. General the functions, powers, and duties of— (1) the agency of the Department referred to as the " H E W A u d i t Agency"; (2) the office of the Department referred to as the "Office of Investigations"; and (3) such other offices or agencies, or functions, powers, or duties thereof, as the Secretary may, with the consent of the Inspector General, determine are properly related to the functions of the Office and would, if so transferred, further the purposes of this Act. except that there shall not be transferred to the Inspector General under clause (3) program operating responsibilities. (b) The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office or agency the functions, powers, and duties of which are transferred under subsection (a) are hereby transferred to the Office of Inspector General. (c) Personnel transferred pursuant to subsection (b) shall be transferred in accordance with applicable laws and regulations relating to the transfer of functions except that the classification and compensation of such personnel shall not be reduced for one year after such transfer.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/966

 90 STAT. 2434

PUBLIC LAW 94-505—OCT. 15, 1976 (d) In any case where all the functions, powers, and duties of any office or agency are transferred pursuant to this subsection, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the General Schedule, and who, without a break in service, is appointed in the Office to a position having duties comparable to those performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. DEFINITIONS

42 USC 3527.

SEC. 207. As used in this Act— (1) the term "Secretary" means the Secretary of Health, Education, and Welfare; (2) the term "Department" means the Department of Health, Education, and Welfare; (3) the term "Inspector General" means the Inspector General of the Department; (4) the term "Deputy" means the Deputy Inspector General of the Department; and (5) the term "Federal agency" means an agency as defined in section 552(e) of title 5, United States Code, but shall not be construed to include the General Accounting Office. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1240 (Comm. on Government Operations). SENATE REPORT No. 94-1324 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol 122 (1976): July 20, considered and passed House. Sept. 28, considered and passed Senate, amended. Sept. 29, House agreed to Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42: Oct. 15, President statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/967

 PUBLIC LAW 94-506—OCT. 15, 1976

90 STAT. 2435

Public Law 94-506 94th Congress An Act To designate the "Herman T. Schneebeli Federal Building".

'[H.R. 11303]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Herman T. building a t West T h i r d Street, Williamsport, Pennsylvania, shall here- ^*^|5"^®f ^^.,,. after be known and designated as the " H e r m a n T. Schneebeli Federal wiliams rt Pa' Building." Any reference in a law, map, regulation, document, record, ^'^'"^P" ' or other paper of the United States to such building shall be held to ^^^g"^^ ^°"be a reference to the H e r m a n T. Schneebeli Federal Building. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1618 (Comm. on Public Works and Transportation). SENATE REPORT No.94-1386 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/968

 90 STAT. 2436

PUBLIC LAW 94-507—OCT. 15, 1976

Public Law 94-507 94th Congress An Act Oct. 15, 1976 [H.R. 14956] Joe L. Evins Post Office and Federal Building, Smithville, Tenn. Designation.

To designate the "Joe L. Evins Post Office and Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Post Office and Federal Building at East Main Avenue and South First Street, Smithville, Tennessee, shall hereafter be known and designated as the "Joe L. Evins Post Office and Federal Building." Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Joe L. Evins Post Office and Federal Building. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1592 (Comm. on Public Works and Transportation) SENATE REPORT No. 94-1383 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/969

 PUBLIC LAW 94-508—OCT. 15, 1976

90 STAT. 2437

Public Law 94-508 94th Congress An Act To authorize appropriations for construction of facilities on Guam, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—MILITARY CONSTRUCTION SEC. 101. (a) The Secretary of the Navy and the Secretary of the Air Force may establish or develop military installations and facilities by acquiring, constructing, converting, rehabilitating, or installing permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, equipment, and planning and design for the following acquisition and construction: Naval Complex, Guam, $59,950,000. Andersen Air Force Base, Guam, $23,871,000. (b) There is authorized to be appropriated for the purpose of this section an amount not to exceed $83,821,000.

Oct. 15, 1976 [H.R. 15136]

Supplemental Authorization Act for Military Construction on Guam.

TITLE II—MILITARY FAMILY HOUSING SEC. 201. In addition to the funds authorized to be appropriated by section 507 and section 602 of Public Law 94-107 for military family housing, there is authorized to be appropriated for use by the Secretary of Defense, or his designee, for military family housing as authorized by law for demolition, construction, improvements, minor construction, and planning of family housing facilities on Guam an amount not to exceed $30,491,000.

89 Stat. 561, 562.

TITLE III—GENERAL AND MISCELLANEOUS PROVISIONS SEC. 301. Authorizations in this Act shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1976 (Public Law 94-107), in the same manner as if such authorization had been included in that Act. SEC. 302. This Act may be cited as the "Supplemental Authorization Act for Military Construction on Guam". Approved October 15, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1446 (Comm. on Armed Services). SENATE REPORT No. 94-1309 (Comm. on Armed Services). CONGRESSIONAL RECORD, VoL 122 (1976): Sept. 20, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendments.

89 Stat. 546. Short title.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/970

 90 STAT. 2438

PUBLIC LAW 94-509—OCT. 15, 1976

Public Law 94-509 94th Congress

^^^'- "^

"

An Act Oct. 15, 1976 [S. 726]

rj.Q direct the Secretary of the Interior to convey, for fair market value, certain lands to Valley County, Idaho.

Be it enacted by the Senate and House of Representatives of the Valley County, United States of America in Congress assembled, That the Secretary Idaho. of the Interior is authorized and directed to convey to Valley County, Land conveyance. Idaho, subject to the provisions of section 2 of this Act, all right, title, and interest of the United States, in and to the following described lands: The northwest quarter of the southwest quarter of section 3, township 15 north, range 4 east, Boise meridian, Valley County, Idaho. SEC. 2. The conveyance authorized by the first section of this Act shall be made upon payment by Valley County, Idaho, to the Secretary of the Interior of an amount equal to the fair market value of such land, as determined by the Secretary after appraisal. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No.94-1634 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-575 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 18, considered and passed Senate. Vol. 122 (1976): Oct. 1, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/971

 PUBLIC LAW 94-510—OCT. 15, 1976

90 STAT. 2439

Public Law 94-510 94th Congress An Act To designate the Federal oflSce building located in Dover, Delaware, as the "J. Allen Frear Building".

Uct. lb, l\)/b_ [S. 999]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal J- Allen Frear office building located in Dover, Delaware, is designated as the Bmlding, "J. Allen Frear Building", in honor of Senator J. Allen Frear. Dover, Del. SEC. 2. Any reference to such building in any lavr, rule, document, esignation. map, or other record of the United States is deemed to be a reference to such building by the name designated for such building by the first section of this Act. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1586 accompanying H.R. 4847 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-484 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): June 14, considered and passed Senate. Oct. 1, considered and passed House, in lieu of H.R. 4847.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/972

 90 STAT. 2440

PUBLIC LAW 94-511—OCT. 15, 1976

Public Law 94-511 94th Congress An Act Oct. 15, 1976 [H.R. 2177]

Certain aircraft components and materials. Duty exemption.

19 USC 1202

note.

To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of any aircraft which— (1) was previously exported from the United States, (2) was composed, at the time of such exportation in part of components and materials which are products of the United States and which were installed— (A) while such aircraft was within the United States, and (B) after such aircraft was operational, (3) is returned to the United States after being so exported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, and (4) was entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of the enactment of this Act, the rate of duty provided for in item 694.40 of the Tariff Schedules of the United States (19 U.S.C. 1202) on the date of such entry shall, notwithstanding any other provision of law. be assessed upon the full value of such aircraft less the value of such components and materials. For the purposes of this Act, the value of any such component or material is the cost of such component or material at the time of installation in the aircraft plus the cost of such installation. SEC. 2. No entry may be liquidated as provided for in the first section of this Act unless request therefor is filed with the customs officer concerned on or before the thirtieth day after the date of the enactment of this Act. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1060 (Comm. on Ways and Means). SENATE REPORT No. 94-1349 (Comm. on Finance). CONGRESSIONAL RECORD, Vol 122 (1976): May 17, June 8, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/973

 PUBLIC LAW 94-512—OCT. 15, 1976

90 STAT. 244,1

Public Law 94-512 94th Congress An Act To name a portion of the site of the Anthony J. Celebrezze Federal Building in Cleveland, Ohio, the "George Washington Square".

Be it enacted ~by the Senate and House of Representatives of the United States of America in Congress assembled, That the portion of the site of the Anthony J. Celebrezze Federal Building in Cleveland, Ohio, lying west of said building, on which has been erected a statue of the First President of the United States, George Washington, shall, from and after the date of enactment of this Act, be known and designated as the "George Washington Square". Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1074 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-1385 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 15, 1976_ [H.R. 2749]

George Washington ^^^'j^' ^leveiand, Ohio, designation,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/974

 90 STAT. 2442

PUBLIC LAW 94-513—OCT. 15, 1976

Public Law 94-513 94th Congress An Act Oct. 15, 1976 [H.R. 4206]

To designate the new Federal building in Albuquerque, New Mexico, as the "Senator Dennis Chavez Federal Building".

Senator Dennis Chavez Federal Building, Albuquerque, N. Mex. Designation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the new Federal building at the corner of Fifth Street and Gold Avenue Southwest, Albuquerque, New Mexico, shall hereafter be known as the Senator Dennis Chavez Federal Building. Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Senator Dennis Chavez Federal Building". Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1585 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/975

 PUBLIC LAW 94^514—OCT. 15, 1976

90 STAT. 2443

Public Law 94-514 94th Congress An Act Relating to the deduction of interest on certain corporate indebtedness to acquire stock or assets of another corporation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (i) of section 279 of the Internal Revenue Code of 1954 (relating to interest on indebtedness incurred by a corporation to acquire stock or assets of another corporation) is amended by striking out the last sentence thereof. (b) The amendment made by subsection (a) shall apply to taxable years ending after October 9, 1969. If refund or credit of any overpayment of income tax resulting from the amendment made by subsection (a) is prevented on the date of the enactment of this Act, or at any time within one year after such date, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed within one year from such date. Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1345 (Comm. on Ways and Means). SENATE REPORT No. 94-1266 (Comm. on Finance). CONGRESSIONAL RECORD, VoL 122 (1976): Aug. 24, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 15, 1976 [H.R. 7929]

Taxes. Interest deduction on certain corporate indebtedness. 26 USC 279. 26 USC 279 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/976

 90 STAT. 2444

PUBLIC LAW 94-515—OCT. 15, 1976

Public Law 94-515 94th Congress An Act Oct. 15, 1976 [H.R. 14977]

To name the Federal office building in Athens, Georgia, the "Robert G. Stephens, .Jr. Federal Building".

Robert G. Stephens, Jr. Federal Building, Athens, Ga. Designation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal office building located at 355 P^ast Hancock Avenue, Athens, Georgia, is hereby designated as the "Robert G. Stephens, Jr. Federal Building''. Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Robert G. Stephens, Jr. Federal Building". Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1593 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-1382 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/977

 PUBLIC LAW 94-516—OCT. 15, 1976

90 STAT. 2445

Public Law 94-516 94th Congress An Act To name the Federal office building in Blnefield, West Virginia, the "Elizabeth Kee Federal Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal office building located at 601 Federal Street, Blnefield, West Virginia, is hereby designated as the "Elizabeth Kee Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Elizabeth Kee Federal Building". Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1595 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed House and Senate.

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Oct. 15, 1976 [H.R. 15582] Elizabeth Kee Federal Building, Bluefield, W. Va. Designation.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/978

 90 STAT. 2446

PUBLIC LAW 94-517—OCT. 15, 1976

Public Law 94-517 94th Congress An Act Oct. 15, 1976 [H.R. 15059]

Emergency livestock credit.

rpQ amend the Emergency Livestock Credit Act of 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Emergency Livestock Credit Act of 1974 (88 Stat. 391, as amended; 7 U.S.C. Prec. 1961) is amended to read as follows: "SEC. 8. The provisions of this Act shall become effective upon en-actment, and the authority to make new guarantees shall expire on September 30, 1978.". Approved October 15, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1598 (Comm. on Agriculture). SENATE REPORT No. 94-1267 accompanying S. 3713 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 29, considered and passed House. Sept. 30, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Oct. 15, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/979

 PUBLIC LAW 94-518—OCT. 17, 1976

90 STAT. 2U7

Public Law 94-518 94th Congress An Act To authorize the study of certain areas by the Secretaries of Agriculture and the Interior.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—FKEDEKICK LAW OLMSTED HOME AND OFFICE, BEOOKLINE, MASSACHUSETTS SEC. 101. The Secretary of the Interior shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within two years from the date of enactment of this Act a feasibility/suitability study of the Frederick Law Olmsted Home and Office as a unit of the National Park System. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area.

Oct. 17, 1976 [S. 4001

Studies by Secretaries of Agriculture and Interior. Authorization. Study, transmittal to congressional committees.

TITLE II—SAINT PAUL'S CHURCH, EASTCHESTER, NEW YORK SEC. 201. The Secretary of the Interior shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within two years from the date of enactment of this Act a feasibility/suitability study of Saint Paul's Church as a unit of the National Park System. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area.

Study, transmittal to congressional committees.

TITLE III—NATIONAL MUSEUM OF AFRO-AMERICAN HISTORY AND CULTURE AT OR NEAR WILBERFORCE, OHIO SEC. 301. The Secretary of the Interior shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within two years from the date of enactment of this Act a feasibility/suitability study for a National Museum of Afro-American History and Culture at or near Wilberforce, Ohio. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration of such museum. TITLE IV—KALAUPAPA SETTLEMENT ON THE ISLAND OF MOLOKAI, H A W A II SEC. 401. (a) The Congress finds: (1) Since 1866 a colony for the care and treatment of the victims of leprosy, known as the Kalaupapa settlement, has existed on the island of Molokai in the State of Hawaii. On this site Father Joseph Damien de Veuster (1840-1889) worked for sixteen years among those victims

Study,. transmittal to congressional committees.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/980

 90 STAT. 2448

Study.

Report, submittal to President and Congress.

Master plan.

Kalaupapa National Historical Park Advisory Commission. Establishment. Membership.

PUBLIC LAW 94-518—OCT. 17, 1976 until at last succumbing to their disease. This inspiring work made him a figure of such national acclaim that a statue of him rests in the Nation's Capitol. This work led to proceedings for his beatification by the Catholic Church and to worldwide veneration of this devotion and mission. This respect and admiration served to focus unprecedented attention on the disease of lepros}^ and stimulated charity and scientific research toward its cure. (2) The Kalaupapa settlement constitutes a unique and nationally significant cultural, historical, educational, and scenic resource. (b) The purposes of this title are— (1) to preserve and interpret the Kalaupapa settlement for the education and inspiration of present and future generations, and (2) to provide that the preservation and interpretation of that settlement be managed and performed by native Hawaiians, including patients and former patients of the Kalaupapa settlement, to the extent practical, and that training opportunities be provided such persons in management and interpretation of the settlement's cultural, historical, educational, and scenic resources. SEC. 402. (a) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall study the feasibility and desirability of establishing as a part of the National Park System an area (hereinafter referred to as the "proposed park area") comprising all, or a portion of, the lands, waters, and interest in Kalawao County on the island of Molokai. (b) As a part of such study, the Secretary shall consult with other interested Federal agencies, with other interested State and local bodies and officials, with patients and former patients presently in residence at the Kalaupapa settlement and with the Commission established by section 404, and he shall coordinate the study with other applicable planning activities. SEC. 403. (a) The Secretary shall submit to the President and the Congress within two years after the date of the enactment of this title a report of his study. The report of the Secretary shall contain, but not be limited to, findings with respect to the historic, cultural, educational, scenic, and natural values of the resources involved and recommendations for preservation and interpretation of those resources. (b) The report of the Secretary referred to in subsection (a) shall include a detailed proposed master plan for the development of the proposed park area. Such plan shall include: (1) a schedule of acquisition of the proposed park area, (2) an assessment of planned restorations of historic sites, (3) an estimate of park development and longterm operation costs, (4) a plan for the development of programs (including training programs) for native Hawaiians, including patients and former patients of the Kalaupapa settlement, to manage and perform the preservation and interpretation of the park, (5) provision for the preservation of existing, exclusive hunting and fishing (konohiki) rights of the residents of Kalawao County, and (6) provision to prevent the dislocation or displacement of any patient or former patient presently in residence at the Kalaupapa settlement and to maintain transportation and hospital facilities and other public services as may be necessary for any remaining patients or settlement staff. SEC. 404. (a) There is hereby established a Kalaupapa National Historical Park Advisory Commission. (b) The Commission shall be composed of fifteen members, at least six of whom shall be native Hawaiians, appointed by the Secretary, as follows:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/981

 PUBLIC LAW 94-518—OCT. 17, 1976

90 STAT. 2449

(1) two members, one of whom will be appointed from recommendations made by each of the United States Senators representing the State of Hawaii, respectivel;^; (2) two members, one of whom will be appointed from recommendations made by each of the United States Representatives for the State of Hawaii, respectively; (3) five public members, who shall have knowledge and experience in one or more fields as they pertain to Hawaii of history, ethnology, education, medicine, religion, culture, and folklore and including representatives of the Bishop Museum, the University of Hawaii, and organizations active in the State of Hawaii in the conservation of resources, to be appointed from recommendations made by the Governor of the State of Hawaii; (4) two members to be appointed from recommendations made by local organizations representing the native Hawaiian people; (5) at least two members representing the patient's organization; and (6) two members to be ap]3ointed from recommendations made by the mayor of the county of Maui. (c) The term "native Hawaiian", as used in this title means a descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to the year 1778. (d) The Secretary shall designate one member to be Chairman. Any vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (e) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expenses reasonably incurred by the Commission in carrying out its responsibilities under this title on vouchers signed by the Chairman. (f) The Commission shall cease to exist at the time of submission of the Secretary's report referred to in section 403(a) to the President and the Congress. SEC. 405. During the period commencing with the date of the enactment of this title and ending with submission of the Secretary's report to the President and the Congress and any necessary completion of congressional consideration of recommendations included in that report (1) no department or agency of the United States shall, without prior approval of the Secretary, assist by loan, grant, license, or otherwise in the implementation of any project which, in the determination of the Secretary, would unreasonably diminish the value of cultural, historical, educational, scenic, or natural resources relating to the proposed park area and (2) the Chief of Engineers, Department of the Army, shall not, without prior approval of the Secretary, undertake or assist by license or otherwise the implementation of any project which, in the determination of the Secretary, would diminish the value of natural resources located within one-quarter mile of the proposed park. TITLE V—SHAWJ^EE HILLS, ILLINOIS SEC. 501. The Congress finds that the Shawnee Hills in the State of Illinois contain unique recreational resources; that the Shawnee Hills possess historical, cultural, educational, recreational and natural qualities which offer outstanding opportunities for public enjoyment; and that such opportunities should be utilized and developed to their optimum potential for the full enjoyment of present and future generations.

"Native Hawaiian." Chairman, Expenses,

Termination,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/982

 90 STAT. 2450 Study.

Report, submittal to Congress.

PUBLIC LAW 94-518—OCT. 17, 1976 SEC. 502. The Secretary of Agriculture is authorized and directed to study the Shawnee ELills in Saline, Pope, Gallatin, and Hardin Counties, Illinois, as depicted on the map entitled, "Shawnee Hills Study Area," dated June 1976, which shall be on file and available for inspection in the Office of the Chief, Forest Service, United States Department of Agriculture. Within three years from the date of enactment of this title, the Secretary shall submit a report to the Congress, including his recommendation as to the desirability and feasibility of establishing a national recreation area within the Shawnee Hills Study Area. Such report shall include the estimated costs of such establishment and proposed legislation to implement any recommendation for the establishment of such area. TITLE VI—GEOKGE W. NORRIS HOME, McCOOK, NEBRASKA

Study, submittal to congressional committees.

SEC. 601. The Secretary of the Interior shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within two years from the date of enactment of this Act a feasibility/suitability study of the George W. Norris home as a unit of the National Park System. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area. TITLE VII—MOUNT MITCHELL, NORTH CAROLINA

Study, submittal to congressional committees.

SEC. 701. The Secretary of the Interior, in consultation with the Governor of the State of North Carolina and the Secretary of Agriculture, shall prepare and transmit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives within three years from the date of enactment of this Act a feasibility/ suitability study of the Black Mountain Range of North Carolina, including the Mount Mitchell State Park, and the nearby federally owned lands adjacent to the Blue Ridge Parkway, including the Craggy Mountains, as a proposed Mount Mitchell National Park. The study shall include cost estimates for any necessary acquisition, development, operation, and maintenance, as well as any alternatives for the administration and protection of the area. Approved October 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1610 accompanying H.R. 15558 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1152 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed Senate. Sept. 22, considered and passed House, amended, in lieu of H.R. 15558. Oct. 1, Senate concurred in House amendments with amendments; House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/983

 PUBLIC LAW 94-519—OCT. 17, 1976

90 STAT. 2451

Public Law 94-519 94th Congress An Act To amend the Federal Property and Administrative Services Act of 1949 to permit the donation of Federal surplus personal property to the States and local organizations for public purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) is amended as follows: (1) Subsection (j) is amended to read as follows: "(]) (1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to transfer, without cost (except for costs of care and handling), any personal property under the control of any executive agency which has been determined to be surplus property to the State agency in each State designated under State law as the agency responsible for the fair and equitable distribution, through donation, of all property transferred in accordance with the provisions of paragraphs (2) and (3) of this subsection. In determining whether the property is to be transferred for donation under this subsection, no distinction shall be made between property capitalized in a working-capital fund established under section 2208 of title 10, United States Code, or any similar fund, and any other property. "(2) In the case of surplus personal property under the control of the Department of Defense, the Secretary of Defense shall determine whether such property is usable and necessary for educational activities which are of special interest to the armed services, such as maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools. If the Secretary determines that such property is usable and necessary for said purposes, the Secretary shall allocate it for transfer by the Administrator to the appropriate State agency for distribution, through donation, to such educational activities. If the Secretary determines that such property is not usable and necessary for such purposes, it may be disposed of in accordance with paragraph (3) of this subsection. "(3) Except for surplus personal property transferred pursuant to paragraph (2) of this subsection, the Administrator shall, pursuant to criteria which are based on need and utilization and established after such consultation with State agencies as is feasible, allocate such property among the States in a fair and equitable basis (taking into account the condition of the property as well as the original acquisition cost thereof), and transfer to the State agency property selected by it for distribution through donation within the State— " (A) to any public agency for use in carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or "(B) to nonprofit educational or public health institutions or organizations, such as "medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, child

Oct. 17, 1976 [H.R. 144511'

Federal surplus property. Donation to States and local organizations.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/984

 90 STAT. 2452

26 USC 501.

PUBLIC LAW 94-519—OCT. 17, 1976 care centers, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, museums attended by the public, and libraries serving free all residents of a community, district, State, or region, which are exempt from taxation under section 501 of the Internal Revenue Code of 1954, for purposes of education or public health (including research for any such purpose). The Administrator, in allocating and transferring property under this paragraph, shall give fair consideration, consistently with the established criteria, to expressions of need and interest on the part of public agencies and other eligible institutions within that State, and shall give special consideration to requests by eligible recipients, transmitted through the State agency, for specific items of property. "(4)(A) Before property may be transferred to any State agency, such State shall develop, according to State law, a detailed plan of operation, developed in conformity with the provisions of this subsection, which shall include adequate assurance that the State agency has the necessary organizational and operational authority and capability, including staff, facilities, means and methods of financing, and procedures with respect to: accountability, internal and external audits, cooperative agreements, compliance and utilization reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups. The chief executive officer shall certify and submit the plan to the Administrator. In the event that a State legislature has not developed, according to State law, a State plan within two hundred and seventy calendar days after the date of enactment of this Act, the chief executive officer of the State shall approve, and submit to the Administrator, a temporary State plan. No such plan, and no major amendment thereof, shall be filed with the Administrator until sixty days after general notice of the proposed plan or amendment has been published and interested persons have been given at least thirty days during which to submit comments. In developing and implementing the State plan, the relative needs and resources of all public agencies and other eligible institutions within the State shall be taken into consideration. The Administrator may consult with interested Federal agencies for purposes of obtaining their views concerning the administration and operation of this subsection. "(B) The State plan shall provide for the fair and equitable distribution of property within such State based on the relative needs and resources of interested public agencies and other eligible institutions within the State and their abilities to utilize the property. "(C)(i) The State plan of operation shall require the State agency to utilize a management control system and accounting system for donable property transferred under this section of the same types as are required by State law for State-owned property, except that the State agency, with the approval of the chief executive officer of the State, may elect, in lieu of such systems, to utilize such other management control and accounting systems as are effective to govern the utilization, inventory control, accountability, and disposal of property under this subsection. "(ii) The State plan of operation shall requi;?^the State agency to provide for the return of donable property fpi^further distribution if such property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for such purposes within one year of being placed in use.

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