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Page:United States Statutes at Large Volume 90 Part 1.djvu/1310

 90 STAT. 1260

PUBLIC LAW 94-413—SEPT. 17, 1976

Public Law 9 4 - 4 1 3 94th Congress

u?

An Act Sept. lY, L\fio [H.R. 8800]

rj^Q authorize in the Energy Research and Development Administration a Federal program of research, development, and demonstration designed to promote electric vehicle technologies and to demonstrate the commercial feasibility of electric vehicles.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Electric and Hybrid Vehicle Research, Development, ^nd Demonstration Act of 1976."

Electric and Hybrid Vehicle Research, Development,

and Demonstration ^^*TNr^\m 15 USC 2501

V

'

SEC. 2. FINDINGS AND POLICY. (a) The Congress finds and declares that— (^^ ^^® Nation's dependence on foreign sources of petroleum must be reduced, as such dependence jeopardizes national security, inhibits foreign policy, and undermines economic well-being; (2) the Nation's balance of payments is threatened by the need to import oil for the production of liquid fuel for gasolinepowered vehicles; (3) the single largest use of petroleum supplies is in the field of transportation, for gasoline- and diesel-powered motor vehicles; (4) the expeditious introduction of electric and hybrid vehicles into the Nation's transportation fleet would substantially reduce such use and dependence; (5) such introduction is practicable and M'ould be advantageous because— (A) most urban driving consists of short trips, which are within the capability of electric and hybrid vehicles; (B) much rural and agricultural driving of automobiles, tractors, and trucks is within the capability of such vehicles; (C) electric and hybrid vehicles are more reliable and practical now than in the past because propulsion, control, and battery technologies have improved, and further significant improvements in such technologies are possible in the near term; (D) electric and hybrid vehicles use little or no energy when stopped in traffic, in contrast to conventional automobiles and trucks; (E) the power requirements of such vehicles could be satisfied by charging them during off-peak periods when existing electric generating plants are underutilized, thereby permitting more efficient use of existing generating capacity; (F) such vehicles do not emit any significant pollutants or noise; and (G) it is environmentally desirable for transportation systems to be powered from central sources, because pollutants emitted from stationary sources (such as electric generating plants) are potentially easier to control than pollutants emitted from moving vehicles; and (6) the introduction of electric and hybrid vehicles would be facilitated by the establishment of a Federal program of research,

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90 STAT. 1261

development, and demonstration to explore electric and hybrid vehicle technologies, (b) It is therefore declared to be the policy of the Congress in this Act to— (1) encourage and support accelerated research into, and development of, electric and hybrid vehicle technologies; (2) demonstrate the economic and technological practicability of electric and hybrid vehicles for personal and commercial use in urban areas and for agricultural and personal use in rural areas; (3) facilitate, and remove barriers to, the use of electric and hyjjrid vehicles in lieu of gasoline- and diesel-powered motor vehicles, where practicable; and (4) promote the substitution of electric and hybrid vehicles for many gasoline- and diesel-powered vehicles currently used in routine short-haul, low-load applications, where such substitution would be beneficial. SEC. 3. DEFINITIONS. As used in this Act, the term— 15 USC 2502. (1) "Administrator" means the Administrator of the Energy Research and Development Administration; (2) "advanced electric or hybrid vehicle" means a vehicle which— (A) minimizes the total amount of energy to be consumed with respect to its fabrication, operation, and disposal, and represents a substantial improvement over existing electric and hybrid vehicles with respect to the total amount of energy so consumed; (B) is capable of being mass-produced and operated at a cost and in a manner which is sufficiently competitive to enable it to be produced and sold in numbers representing a reasonable portion of the market; (C) is safe, damage-resistant, easy to repair, durable, and operates with sufficient performance with respect to acceleration, cold-weather starting, cruising speed, and other performance factors; and (D) at a minimum, can be produced, distributed, operated, and disposed of in compliance with any applicable requirement of Federal law; (3) "commercial electric or hybrid vehicle" includes any electric or hybrid vehicle which can be used (A) for business or agricultural production purposes on farms (e.g. tractors and trucks) or in rural areas, or (B) for commercial purposes in urban areas; (4) "electric vehicle" means a vehicle which is powered by an electric motor drawing current from rechargeable storage batteries, fuel cells, or other portable sources of electrical current, and which may include a nonelectrical source of power designed to charge batteries and components thereof; (5) "hybrid vehicle" means a vehicle propelled by a combination of an electric motor and an internal combustion engine or other power source and components thereof; (6) "project" means the Electric and Hybrid Vehicle Research, Development, and Demonstration Project established under section 4(a);

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1312

 90 STAT. 1262

Electric and Hybrid Vehicle Research, Development, and Demonstration Project. Establishment. 15 USC 2503.

15 USC 2504.

PUBLIC LAW 94-413—SEPT. 17, 1976 (7) "Secretary" means the Secretary of Transportation; and (8) "small business concern" shall have the meaning prescribed by the Administrator after consultation with the Small Business Administration. SEC. 4. DUTIES OF THE ADMINISTRATOR. (a) The Administrator shall promptly establish, as an organizational entity within the Energy Research and Development Administration, the Electric and Hybrid Vehicle Research, Development, and Demonstration Project. (b) The Administrator shall have the responsibility for the overall management of the project. The Administrator may enter into any agreement or other arrangement with the National Aeronautics and Space Administration, the Department of Transportation, the National Science Foundation, the Environmental Protection Agency, the Department of Housing and Urban Development, the Department of Agriculture, or any other Federal agency, pursuant to which such agency shall conduct such specified parts or aspects of the project as the Administrator deems necessary or appropriate and within the particular competence of such agency, to the extent that such agency has capabilities which would enable it to contribute to the success of the project and the attainment of the purposes of this Act. (c) In providing for the effective management of this project, the Administrator shall have specific responsibility to— (1) promote basic and applied research on electric and hybrid vehicle batteries, controls, and motors; (2) determine optimum overall electric and hybrid vehicle design; (3) conduct demonstration projects with respect to the feasibility of commercial electric and hybrid vehicles (A) by contracting for the purchase or lease of electric and hybrid vehicles for practical use, and (B) by entering into arrangements, with other governmental entities and with nongovernmental entities, for the operation of such vehicles; (4) ascertain consumer needs and desires so as to match the design of electric and hybrid vehicles to their potential market; and (5) ascertain the long-term changes in road design, urban planning, traffic management, maintenance facilities, utility rate structures, and tax policies which are needed to facilitate the manufacture and use of electric and hybrid vehicles in accordance with sections 13 and 14. SEC. 5. COORDINATION BETWEEN THE ADMINISTRATOR AND OTHER AGENCIES. (a) In carrying out the project established under section 4, the Administrator shall, to the maximum extent practicable, consult and coordinate with the Secretary, with respect to any functions of the Administrator under this Act which relate to regulatory activities or other responsibilities of the Secretary, including safety and damageability programs. (b) Each department, agency, and instrumentality of the executive branch of the Federal Government shall carefully consider any written request from the Administrator, or the head of any agency to which the Administrator has delegated responsibility for specified parts or aspects of the project, to furnish such assistance, on a reimbursable basis, as the Administrator or such head deems necessary to

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 PUBLIC LAW 94-413—SEPT. 17, 1976

90 STAT. 1263

carry out the project and to achieve the purposes of this Act. Such assistance may include transfer of personnel with their consent and without prejudice to their position and rating. SEC. 6. RESEARCH AND DEVELOPMENT. The Administrator, acting through appropriate agencies and con- 15 USC 2505. tractors, shall initiate and provide for the conduct of research and development in areas related to electric and hybrid vehicles, including— (1) energy storage technology, including batteries and their potential for convenient recharging; (2) vehicle control systems and overall design for energy conservation, including the use of regenerative braking; (3) urban design and traffic management to promote maximum transportation-related energy conservation and minimum transportation-related degradation of the environment; and (4) vehicle design which emphasizes durability, length of practical lifetime, ease of repair, and interohangeability and replaceability of parts. SEC. 7. DEMONSTRATIONS. (a) Within 12 months after the date of enactment of this Act, the Data Administrator shall develop data characterizing the present state-of- development. the-art with respect to electric and hybrid vehicles. The data so devel- 15 USC 2506. oped shall serve as baseline data to be utilized in order (1) to compare improvements in electric and hybrid vehicle technologies; (2) to assist in establishing the performance standards under subsection (b)(1); and (3) to otherwise assist in carrying out the purposes of this section. In developing any such data, the Administrator shall purchase or Vehicles, lease a reasonable number of such vehicles or enter into such other purchase or lease. arrangements as the Administrator deems necessary to carry out the purposes of this subsection. (b)(1) Within 15 months after the date of enactment of this Act, Performance the Administrator shall promulgate rules establishing performance standards, rules. standards for electric and hybrid vehicles to be purchased or leased pursuant to subsection (c)(1). The standards so developed shall take into account the factors of energy conservation, urban traffic characteristics, patterns of use for "second" vehicles, consumer preferences, maintenance needs, battery recharging characteristics, agricultural requirements, materials demand and their ability to be recycled, vehicle safety and insurability, cost, and other relevant considerations, as such factors and considerations particularly apply to or affect vehicles with electric or hybrid propulsion systems. Such standards are to be developed taking into account (A) the best current state-of-the-art, and (B) reasonable estimates as to the future state-of-the-art, based on projections of results from the research and development conducted under section 6. In developing such standards, the Administrator shall consultation. consult with appropriate experts concerning design needs for electric and hybrid vehicles which are compatible with long-range urban planning, traffic management, and vehicle safety. (2) Separate performance standards shall be established under para- Performance graph (1) with respect to (A) electric or hybrid vehicles for personal standards. use, and (B) commercial electric or hybrid vehicles. Such performance standards shall represent the minimum level of performance which is required with respect to any vehicles purchased or leased pursuant to subsection (c). Initial performance standards under paragraph (b)(1) shall be set at such levels as the Administrator determines are neces-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1314

 90 STAT. 1264

Standards,

Transmittal to Speaker of the House, President of the Senate and congressional committees. Contract forvehicle purchase or lease.

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

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

Vehicles delivery period, extension.

PUBLIC LAW 94-413—SEPT. 17, 1976

sary to promote the acquisition and use of such vehicles for transportation purposes which are within the capability (as determined by the Administrator) of electric and hybrid vehicles. (3) Such performance standards shall be revised, by rule, periodically as the state-of-the-art improves, except that rules promulgated under paragraph (1) shall be amended not later than 6 months prior to the date for contracts specified in subsection (c)(2). (4) Before entering into contracts for the production of vehicles under subsection (c)(2), the Administrator shall transmit to the Speaker of the House of Representatives, the President of the Senate, the Committee on Science and Technology of the House of Representatives, and the Committee on Commerce of the Senate, the performance standards developed under paragraph (1), as revised and currently in effect. (c)(1) The Administrator shall, within 6 months after the date of promulgation of performance standards pursuant to subsection (b)(1), contract for the purchase or lease of 2,500 electric or hybrid vehicles which satisfy the performance standards set forth under subsection (b)(1). The delivery of such vehicles shall be completed within 39 months after the date of enactment of this Act. If the Administrator determines, on the basis of responses to the solicitation for proposals for such contracts, that less than 2,500 of the electric or hybrid vehicles which satisfy performance standards under subsection (b)(1) will be available within such delivery period, the Administrator shall (A) immediately forward this information along with a detailed justification of such determination to the Speaker of the House of Representatives, the President of the Senate, the Committee on Science and Technology of the House of Representatives, and the Committee on Commerce of the Senate, and (B) contract for the purchase or lease of the maximum number of such vehicles (up to 2,500) that will be available within such delivery period. To the extent practicable, vehicles purchased or leased under such contracts shall represent a cross-section of the available technologies and types of uses of such vehicles. (2)(A) The Administrator shall, within 6 months after the required amendment of such standards pursuant to subsection (b)(3), and not later than 54 months after the date of enactment of this Act, contract for the purchase or lease of 5,000 advanced electric or hybrid vehicles, which satisfy such amended standards. The final delivery of such vehicles shall be completed within 72 months after the date of enactment of this Act. If the Administrator determines, on the basis of responses to the solicitation for proposals for such contracts, that less than 5,000 of the electric and hybrid vehicles which satisfy performance standards set forth under subsection (b)(3) will be available within the delivery period (including any extension under subparagraph (B)), the Administrator shall (i) immediately forward this information along with a detailed justification of such determination to the Speaker of the House of Representatives, the President of the Senate, the Committee on Science and Technology of the House of Representatives, and the Committee on Commerce of the Senate, and (ii) contract for the purchase or lease of the maximum number of such vehicles (up to 5,000) that will be available during such delivery period. To the extent practicable, vehicles purchased or leased under such contracts shall represent a cross-section of the available technologies and types of uses of such vehicles. (B) The Administrator shall extend the delivery period for such vehicles for a period not to exceed 6 additional months, if he finds that such an extension in delivery date would result in the deliv-

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 PUBLIC LAW 94-413—SEPT. 17, 1976 ery of advanced electric and hybrid vehicles which would add to the total number of vehicles to be purchased or leased (up to 5,000) and which would not otherwise be available. If the Administrator finds that such an extension is appropriate and necessary for the delivery of such vehicles, he shall so notify the Speaker of the House of Represenatives, the President of the Senate, the Committee on Science and Technology of the House of Representatives, and the Committee on Commerce of the Senate. (d) The Administrator, in supervising the demonstration of vehicles acquired under subsection (c), shall make such arrangements as may be necessary or appropriate— (1)(A) to make such vehicles available to Federal agencies and to State or local governments and other persons for individual or business use (including farms). The individuals and businesses involved shall be selected by an equitable process which assures that the Administrator will receive accurate and adequate data on vehicle performance, including representative geographical and climatological information and data on user reaction to the utilization of electric and hybrid vehicles. Such individuals and businesses shall be given the option of purchasing or leasing such vehicles under terms and conditions which will promote their widespread use; (B) to pay the differential operating costs of such vehicles to the extent necessary to assure the adequate demonstration of such vehicles; (2) for demonstration maintenance projects, including maintenance organization and equipment needs and model training projects for maintenance procedures; and (3) for the dissemination of data on electric and hybrid vehicle safety and operating characteristics (including nontechnical descriptive data which shall be made available by the Government Printing Office)(A) to Federal, State, and local consumer affairs agencies and groups; (B) to Federal, State, and local agricultural and rural agencies and groups; and (C) to the public. (e)(1) At least 60 days prior to entering into any contract for the purchase or lease of any electric or hybrid vehicle under subsection (c)(1) or any advanced electric or hybrid vehicle under subsection (c)(2), the Administrator shall determine (A) if the purchase or lease of the number of such vehicles specified in such subsection (c) (1) or (c)(2) will, with high probability, displace the normal level of private procurement of such vehicles which would conform to the applicable performance standards promulgated pursuant to subsection (b) and which would be used in the United States, and (B) if such displacement will occur, the necessary extent of such displacement in order to carry out the purposes of this Act. At the time any such determination is made, the Administrator shall transmit such determination, along with all relevant information in support thereof, to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce of the Senate. (2) The Administrator shall reduce the number of vehicles for which he shall contract for the purchase or lease under subsection (c)(1) or (c)(2) by the number determined under paragraph (1)(A) as modified by paragraph (1)(B), except in no event shall he contract for the purchase or lease pursuant to subsection (c)(1) of less than 1,000 electric or hybrid vehicles, and in no event shall he contract

90 STAT. 1265

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

Transmittal to congressional committees.

Reduction.

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 90 STAT. 1266

PUBLIC LAW 94-413—SEPT. 17, 1976 for the purchase or lease pursuant to subsection (c)(2) of less than 2,500 advanced electric or hybrid vehicles unless he determines on the basis of responses to the solicitations for proposals for such contracts, under the provisions of (c)(1) and (c)(2), that lesser numbers of such vehicles which satisfy the applicable performance standards will be available within the delivery periods. All other provisions of subsection (c) shall apply.

15 USC 2507.

Consultation. Procedures.

Rules. Application.

15 USC 2508.

Grants.

SEC. 8. CONTRACTS. (a) The Administrator shall provide funds, by contract, to initiate, continue, supplement, and maintain research, development, and demonstration activities which are necessary to carry out the purposes of the project. The Administrator may enter into such contracts with any Federal agency, laboratory, university, nonprofit organization, industrial organization, public or private agency, institution, organization, corporation, partner-ship, or individual. (b) I n addition to the requirements of sections 4 and 5, the Administrator, in the exercise of his duties and responsibilities under this section, shall consult with the Department of Transportation, the Environmental Protection Agency, the Federal Energy Administration, the National Aeronautics and Space Administration, the Department of Agriculture, and representatives of other a p p r o p r i a t e Federal agencies, and shall establish procedures for periodic consultation with representatives of science, industry, and such other groups as may have special expertise in electric and hybrid vehicle research, development, and demonstration. (c) Each contract under this section shall be entered into in accordance with such rules as the Administrator may prescribe in accordance with the provisions of this section. E a c h application for funding shall be made in writing in such form and with such content and other sub^ missions as the Administrator shall require. The Administrator may enter into contracts under this section without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 9. E N C O U R A G E M E N T A N D PROTECTION OF SMALL BUSINESS. (a) The Administrator shall take such steps as are feasible to assure that small business concerns have a realistic and adequate opportunity to participate in the project. (b) To assist in accomplishing the objectives of subsection (a), the Administrator shall reserve, for contracts with small business concerns, a reasonable portion of the funds made available pursuant to this Act for research, development, or demonstration of electric or hybrid vehicles. (c) The Administrator shall, in addition to the requirements set forth in subsections (a) and (b) — (1) include in all contracts for research, development, or demonstration of electric or hybrid vehicles such terms, conditions, and payment schedules as may assist in meeting the needs of small business concerns, and shall take steps to avoid the inclusion in such contracts of any terms, conditions, or penalties which would tend to prevent such concerns from participating in the program under this Act; and (2) make planning grants available to qualified small business concerns which require assistance in developing, submitting, and entering into such contracts.

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 PUBLIC LAW 94-413—SEPT. 17, 1976

90 STAT. 1267

SEC. 10. LOAN GUARANTEES. (a) It is the policy of the Congress to assist in the introduction into 15 USC 2509. the Nation's transportation fleet of electric and hybrid vehicles and to assure that qualified small business concerns and other qualified borrowers are not excluded from participation in such development due to lack of adequate capital. Accordingly, it is the policy of the Congress to provide guarantees of loans made for such purposes. (b) In order to encourage the commercial production of electric and hybrid vehicles, the Administrator is authorized to guarantee, and to enter into commitments to guarantee, principal and interest on loans made by lenders to qualified borrowers, primarily small business concerns, for the purposes of— (1) research and development related to electric and hybrid vehicle technology; (2) prototype development for such vehicles and parts thereof; (3) construction of capital equipment related to research on, and development and production of, electric and hybrid vehicles ..»{<-! and components; or (4) initial operating expenses associated with the development and production of electric and hybrid vehicles and components. (c) Any guarantee under this section shall apply only to so much of the principal amount of the loan involved as does not exceed 90 percentum of the aggregate cost of the activity with respect to which the loan is made. (d) Loan guarantees under this section shall be on such terms and conditions as the Administrator determines, except that a guarantee shall be made under this section only if— (1) the loan bears interest at a rate not to exceed such annual percent on the principal obligation outstanding as the Administrator determines to be reasonable, taking into account the range of interest rates prevailing in the private sector for similar loans and risks by the United States; (2) the terms of such loan require full repayment over a period not to exceed 15 years; (3) in the judgment of the Administrator, the amount of the loan (when combined with amounts available to the qualified borrower from other sources) will be sufficient to carry out the activity with respect to which the loan is made; (4) in the judgment of the Administrator, there is reasonable assurance of repayment of the loan by the qualified borrower; and (5) no loan shall be guaranteed by the Administrator under subsection (b) unless the Administrator finds that no other reasonable means of financing or refinancing is reasonably available to the applicant. (e)(1) The amount of the guarantee of any loan shall not exceed Limitation. $3,000,000, unless the Administrator finds that a higher guarantee level for specific loan guarantees is necessary in order to carry out the purposes of this Act. If the Administrator makes such finding, he shall Report to immediately report that finding to the Speaker of the House of Repre- Speaker of the sentatives, the President of the Senate, the Committee on Science and House, President Technology of the House of Representatives, and the Committee on of the Senate and congressional Commerce of the Senate. committees. (2) The aggregate amount of guarantees outstanding under this Limitation. section at any one time shall not exceed $60,000,000. (f) As used in this section, the term "qualified borrower" means "Qualified any partnership, corporation, or other legal entity which (as deter- borrower." mined by the Administrator) has presented satisfactory evidence of an interest in electric or hybrid vehicle technology and is capable of

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1318

 90 STAT. 1268

Defaults.

Applicant, citizenship requirement.

Waiver.

PUBLIC LAW 94-413—SEPT. 17, 1976 performing research or completing the development and production of electric or hybrid vehicles or any components thereof in an acceptable manner. (g)(1) With respect to any loan guaranteed pursuant to this section, the Administrator is authorized to enter into a contract to pay, and to pay, the lender for and on behalf of the borrower the interest charges which become due and payable on the unpaid balance of any such loan if the Administrator finds— (A) that the borrower is unable to meet interest charges, that it is in the public interest to permit the borrower to continue to pursue the purposes of his project, and that the probable net cost to the Federal Government in paying such interest will be less than that which would result in the event of a default; and (B) that the amount of such interest charges which the Administrator is authorized to pay shall be no greater than the amount of interest which the borrower is obligated to pay under the loan agreement. (2) In the event of any default by a qualified borrower on a guaranteed loan, the Administrator is authorized to make payment in accordance with the guarantee, and the Attorney General shall take such action as may be appropriate to recover the amounts of such payments (including any payment of interest under paragraph (1)) from such assets of the defaulting borrowers as are associated with the activity with respect to which the loan was made or from any other surety included in the terms of the guarantee. (h) No loan guarantee shall be made, or interest assistance contracts entered into, pursuant to this section, after the expiration of the 5-year period following the date of enactment of this Act. (i) An applicant seeking a guarantee under this section must be a citizen or national of the United States. A corporation, partnership, firm, or association shall not be deemed to be a citizen or national of the United States unless the Administrator determines that it satisfactorily meets all the requirements of section 2 of the Shipping Act of 1916 (46 U.S.C. 802), for determining such citizenship, except that the provisions in subsection (a) of such section 2 concerning (1) the citizenship of officers or directors of a corporation, and (2) the interest required to be owned in the case of a corporation, association, or partnership operating a vessel in the coastwise trade, shall not be applicable. The Administrator, in consultation with the Secretary of State, may waive such requirements in the case of a corporation, partnership, firm, or association, controlling interest in which is owned by citizens of countries which are participants in the International Energy Agreement.

SEC. 11. USE OF ELECTRIC AND HYBRID VEHICLES BY FEDERAL AGENCIES. Study. 15 USC 2510.

The Postmaster General of the United States Postal Service, the Administrator of the General Services Administration, the Secretary of Defense, and the heads of other Federal agencies shall— (1) carry out a study of the practicability of using electric and hybrid vehicles in the performance of some or all of the functions of their agencies; and (2) arrange for the introduction of electric and hybrid vehicles into their fleets as soon as possible. For competitive procurement purposes in purchasing such vehicles, life-cycle costing and any beneficial air pollution control characteristics of electric and hybrid vehicles shall be fully taken into account.

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 PUBLIC LAW 94-413—SEPT. 17, 1976 If the head of the agency involved determines that electric or hybrid vehicles are technologically practicable, but that they are not completely economically competitive with conventional vehicles, the Administrator may, for purposes of the demonstration program described in section 7, pay to such agency the incremental costs of the electric or hybrid vehicles, including differential operating costs. SEC. 12. PATENTS. Section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908) shall apply to any contract (including any assignment, substitution of parties, or subcontract thereunder), entered into, made, or issued by the Administrator pursuant to section 8 of this Act. SEC. 13. STUDIES. (a) The Administrator shall conduct a study to determine the existence of any tax, regulatory, traffic, urban design, rural electrical, or other institutional factor which tends or may tend to bias surface transportation systems toward vehicles of particular characteristics. The Administrator shall submit a report to the Congress on the findings and conclusions of such study, within 1 year after the date of the enactment of this Act. The report shall include any legislative or other recommendations of the Administrator. (b) The Administrator shall conduct a continuing assessment of the long-range material demand and pollution effects which may result from or in connection with the electrification of urban traffic. Such assessment shall include a statement of the Administrator's current findings in each report submitted under section 14, Any environmental impact statement which may be filed under a Federal law with respect to research, development, or demonstration activities under this Act shall include reference to the matters which are subject to assessment \mder this subsection. (c) The Administrator shall perform, or cause to be performed, studies and research on incentives to promote broader utilization and consumer acceptance of electric and hybrid vehicle technologies. A description and a statement of the findings of such studies and research activities shall be included in each report submitted under section 14. (d) The Secretary shall conduct a study of the current and future applicability of safety standards and regulations to electric and hybrid vehicles. The Secretary shall report the results of such study to the Administrator and the Congress within 1 year after the date of enactment of this Act. (e) The Administrator shall conduct a study to determine the overall effectiveness and feasibility of including regenerative braking systems on electric and other automobiles in order to recover energy. In such study the Administrator shall— (1) review the history of regenerative braking devices; (2) describe relevant experimental test data and theoretical calculations with respect to such devices; (3) assess the net energy impacts and cost effectiveness of such devices; (4) examine present patents and patent policy regarding such devices; and (5) determine whether regenerative braking should be used on some of the advanced electric or hybrid vehicles to be purchased or leased pursuant to section 7(c)(2). The Administrator shall submit a report to the Congress on the findings and conclusions of such study within 1 year after the date of enactment of this Act.

90 STAT. 1269

15 USC 2511.

15 USC 2512.

Report to Congress. Legislative recommendations. Material demand and pollution, assessment.

Report to Energy Research and Development Administration and Congress.

Report to Congress,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1320

 90 STAT. 1270 Submittal to Congress.

15 USC 2513.

Legislative recommendations.

Ground propulsion systems research and development.

15 USC 2514.

PUBLIC LAW 94-413—SEPT. 17, 1976 SEC. 14. ANNUAL REPORT. The Administrator shall submit to the Congress annually a report on all activities being undertaken or carried out pursuant to the pro\isions of this Act, including— (1) such projections and estimates as may be necessary to evaluate the progress of the project and to indicate the extent to which, and the pace at which, the objectives of this Act are being achieved; and (2) a statement of the extent to which imported automobile chassis or components are being used, or are desirable, for the production of vehicles under section 7, and of the extent to which restrictions imposed by law or regulation upon the importation or use of such chassis or components are impeding the achievement of the purposes of this Act. Each such report shall also include any recommendations which the Administi-ator may deem appropriate for legislation or related action which might further the purposes of this Act. SEC. 15. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT. (a) Section 102 of the National Aeronautics and Space Act of 1958 (42 ILS.C. 2451) is amended (1) by redesignating subsection (d) thereof as subsection (e) thereof; and (2) by inserting immediately after subsection (c) thereof the following new subsection: "(d) The Congress declares that the general welfare of the United States requires that the unique competence in scientific and engineering systems of the National Aeronautics and Space Administration also be directed toward ground propulsion systems research and development. Such development shall be conducted so as to contribute to the objectives of developing energy- and petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation caused by such systems.". (b) Section 102(e) of such Act, as redesignated by paragraph (1) of this subsection, is amended by striking out "and (c)" and inserting in lieu thereof "(c), and (d)". (c) Section 208 of such Act (42 U.S.C. 2473) is amended (A) by redesignating subsection (b) thereof as subsection (c) thereof, and (B) by inserting immediately after subsection (a) thereof the following new subsection: "(b) The Administration shall, to the extent of appropriated funds, initiate, support, and carry out such research, development, demonstration, and other related activities in ground propulsion technologies as are provided for in sections 4 through 10 of the Electric and Hybrid Vehicle Kesearch, Development, and Demonstration Act of 1976.". SEC. 16. AUTHORIZATION FOR APPROPRIATIONS. (a) There are authorized to be appropriated to the Administrator, for purposes of carrying out this Act, (1) not to exceed $30,000,000 for the fiscal year ending September 30, 1977, except that at least $10,000,000 of such authorization shall be allocated for battery research and development; (2) not to exceed $40,000,000 for the fiscal year ending September 30, 1978; (3) not to exceed $25,000,000 for the fiscal year ending September 30, 1979; (4) not to exceed $20,000,000 for the jfiscal year ending September 30, 1980; and (5) not to exceed $45,000,000 for the fiscal year ending September 30, 1981. Any amount appropri-

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 PUBLIC LAW 94-413—SEPT. 17, 1976

90 STAT. 1271

ated pursuant to this section shall remain available until expended, and any amount authorized for any fiscal year prior to the fiscal year ending September 30, 1981, but not appropriated, may be appropriated for any succeeding fiscal year through the fiscal year ending September 30, 1983. (b) Any moneys received by the Administrator from vehicle sales or leases or other activities under this Act may be retained and used for purposes of carryingout this Act, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain available until expended; but the amount authorized to be appropriated for any fiscal year under subsection (a) shall be reduced by the amount of the moneys so received in that year. CARL ALBERT

Speaker of the House of Representatives. PATRICK J. LEAHY

Acting President of the Senate pro tempore. IN THE HOUSE OF REPRESENTATIVES, U.S. September 16, 1976. The House of Representatives having proceeded to reconsider the bill (H.R. 8800) entitled "An Act to authorize in the Energy Research and Development Administration a Federal program of research, development, and demonstration designed to promote electric vehicle technologies and to demonstrate the commercial feasibility of electric vehicles", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: EDMUND L. HENSHAW, JR.

Clerk. By Benjamin J. Guthrie I certify that this Act originated in the House of Representatives. EDMUND L. HENSHAW, JR.

Clerk.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1322

 90 STAT. 1272

PUBLIC LAW 94-413—SEPT. 17, 1976 IN THE SENATE OF THE UNITED STATES, September 17, 1976. The Senate having proceeded to reconsider the bill (H.R. 8800) "An Act to authorize in the Energy Research and Development Administration a Federal program of research, development, and demonstration designed to promote electric vehicle technologies and to demonstrate the commercial feasibility of electric vehicles", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO

X

Secretary. By Harold G. Ast Legislative Clerk

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-439 (Comm. on Science and Technology) and No. 94-1363 (Comm. of Conference). SENATE REPORTS: No. 94-836 accompanying S. 1632 (Comm. on Commerce) and No. 94-1048 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Sept, 5, considered and passed House. Vol. 122 (1976): June 14, considered ana passed Senate, amended, in lieu of S. 1632. Aug. 26, Senate agreed to conference report. Aug. 3 1, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 38 (1976): Sept. 13, vetoed; Presidential message. CONGRESSIONAL RECORD: Vol. 122 (1976): Sept. 16, House overrode veto. Sept. 17, Senate overrode veto.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1323

 PUBLIC LAW 9 4 - 4 1 4 — S E P T. 17, 1976

90 STAT. 1273

Public Law 94-414 94th Congress An Act To amend section 584 of the Internal Revenue Code of 1954 with respect to the treatment of aflSliated banks for purposes of the common trust fund provisions of such Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 584(a) of the I n t e r n a l Revenue Code of 1954 (relating to common trust funds) is amended by adding a t the end thereof the following new sentence: " For purposes of this subsection, t w o or more banks which are members of the same affiliated group (within the meaning of section 1504) shall be treated as one bank for the period of affiliation with respect to any fund of which any of the member banks is trustee or two or more of the member banks are cotrustees.". SEC. 2. The amendment made by the first section of this Act shall apply to taxable years beginning after December 31, 1975.

Sept. 17, 1976 [H.R. 5071]

Taxes. Common trust funds, treatment of affiliated banks. 26 USC 584.

26 USC 584 note.

SEC. 3. WITHHOLDING; ESTIMATED TAX PAYMENTS. (a) WITHHOLDING.—

(1) IN GENERAL.—Section 3402'(a) of the I n t e r n a l Revenue Code of 1954 (relating to income tax collected at source) is 26 USC 3402. amended by striking out "September 15, 1976" and inserting i n lieu thereof "October 1, 1976". (2)

TECHNICAL

AMENDMENT.—Section

209(c)

of

the

Tax

Reduction Act of 1975 is amended by striking out "September 15, Ante, p. 1201. 26 USC 3402 1976" and inserting in lieu thereof "October 1, 1976". (b) ESTIMATED T A X P A Y M E N T S BY INDIVIDUALS.—Section 6153(g)

note.

of such Code (relating to installment payments of estimated income 26 USC 6153. by individuals) is amended by striking o u t "September 15, 1976" and inserting in lieu thereof "October 1, 1976". (c) ESTIMATED T A X P A Y M E N T S BY CORPORATIONS.—Section 6154(h)

of such Code (relating to installment payments of estimated income by 26 USC 6154. corporations) is amended by striking out "September 15, 1976" and inserting in lieu thereof "October 1, 1976". Approved September 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-892 (Comm. on Ways and Means). SENATE REPORT No. 94-1183 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): May. 13, considered and passed House. Sept. 14, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1324

 90 STAT. 1274

PUBLIC LAW 94-415—SEPT. 17, 1976

Public Law 94-415 94th Congress

lllwr An Act

bept. 17, 1976 [H.R. 6622]

Del City aqueduct, Okla. Repair,

43 USC 615aa-615hh.

rp^j provide for repair of the Del City aqueduct, a feature of the Norman Federal reclamation project, Oklahoma.

Be it enacted by the Seimte and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to enter into an amendatory contract with the Central Oklahoma Master Conservancy District, organized under the laws of the State of Oklahoma, providing for an adjustment of the payment obligations of the Central Oklahoma Conservancy District under the contract of September 5, 1961, between said district and the United States pursuant to an Act of June 27, 1960 (74 Stat. 225); said adjustment of repayment obligations to be equal to the costs incurred by said district to repair the Del City aqueduct, which, in the opinion of the Secretary of Interior, are in excess of the costs of normal operation, maintenance, and replacement: Provided, That any such costs shall be credited so as to reduce the repayment obligation of said district annually at the end of the year during which said costs are incurred. Approved September 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-481 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1179 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): Sept. 7, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1325

 PUBLIC LAW 94-416—SEPT. 17, 1976

90 STAT. 1275

Public Law 9 4 - 4 1 6 94th Congress An Act To repeal the Act of May 10, 1926 (44 Stat. 498), relating to the condemnation of certain lands of the Pueblo Indians in the State of New Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the condemnation of the lands of the Pueblo Indians in New Mexico for public purposes, and making the laws of the State of New Mexico applicable in such proceedings", approved May 10, 1926 (M Stat. 498), is hereby repealed. SEC. 2. Immediately upon enactment of this Act, all proceedings and actions pursuant to the Act of May 10, 1926 (44 Stat. 498), pending on or commenced on the date of enactment of this Act shall be held and considered to have terminated as of the date of enactment of this Act, and thereafter to be of no force and effect: Provided, however, That nothing herein shall be interpreted as terminating or otherwise affecting any right of timely appeal (otherwise available but for the enactment of this Act) from any such proceeding or action in which a final decree or order has been entered before the date of enactment of this Act. SEC. 3. The Act of April 21, 1928 (45 Stat. 442), is hereby amended by striking all after the enacting clause and inserting, in lieu, the following: "That the provisions of the following statutes: "Sections 3 and 4 of the Act of March 3, 1901 (31 Stat. 1083 and 1084); "The Act of March 2, 1899 (30 Stat. 990), as amended; "Sections 1 and 2 of the Act of March 11, 1904 (33 Stat. 65), as amended; and "The Act of February 5, 1948 (62 Stat. 17), are extended over and made applicable to the Pueblo Indians of New Mexico and their lands, whether owned by the Pueblo Indians or held in trust or set aside for their use and occupancy by Executive order or otherwise, under such rules, regulations, and conditions as the Secretary of the Interior may prescribe. "SEC. 2. Notwithstanding such provisions, the Secretary of the Interior may, without the consent of the affected Pueblo Tribes, grant one renewal for a period not to exceed ten years of any right-of-way acquired through litigation initiated under the Act of May 10, 1926 (44 Stat. 498), or by compromise and settlement in such litigation, prior to January 1, 1975. The Secretary shall require, as compensation for the Pueblo involved, the fair market value, as determined by the Secretary, of the grant of such renewal. The Secretary may grant such right-of-way renewal under this section only in the event the owner of such existing right-of-way and the Pueblo Tribe involved cannot

Sept. 17, 1976 [S. 217] Pueblo Indians, N. Mex. Land condemnation. Repeal.

25 USC 322.

25 USC 319, 357, 311.

25 USC

312-318. 25 USC 321.

25 USC 323-328.

Right-of-way renewal. 25 USC 322a.

Condition.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1326

 90 STAT. 1276

44 Stat. 498.

PUBLIC LAW 94-416—SEPT. 17, 1976 reach agreement on renewal within ninety days after such renewal is requested. Nothing in this section shall be deemed to validate or authorize the renewal of a right-of-way which is otherwise invalid by reason of the invalidity of the Act of May 10,19^6, on the date said right-of-way was originally obtained.". Approved September 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-800 (Comm. on Interior and Insular Affairs) and No. 94-1439 (Comm. of Conference). SENATE REPORT No. 94-148 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): May 21, considered and passed Senate. Vol. 122 (1976): Feb. 2, considered and passed House, amended. Aug. 3 1, House agreed to conference report. Sept. 7, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1327

 PUBLIC LAW 94-417—SEPT. 21, 1976

90 STAT. 1277

Public Law 94-417 94th Congress An Act To amend title 38 of the United States Code to promote the care and treatment of veterans in State veterans' homes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 641 of title 38, United States Code, is amended to read as follows: "§641. Criteria for payment "(a) The Administrator shall pay each State at the per diem rate of— "(1) $5.50 for domiciliary care, "(2) $10.50 for nursing home care, and "(3) $11.50 for hospital care, for each veteran receiving such care in a State home, if such veteran is eligible for such care in a Veterans' Administration facility. " (b) In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans' care in such State home.". (b) Paragraph (19) of section 101 of title 38, United States Code, is amended by striking out "of any war (including the Indian Wars)" in the first sentence and "of any war" in the second sentence. (c)(1) The amendments made by subsection (a) of this section shall be effective on October 1, 1976. (2) At the time of the first payment to a State under section 641 of title 38, United States Code, as amended by subsection (a) of this section, the Administrator of Veterans' Affairs shall pay such State, in a lump sum, an amount equal to the difference between the total amount paid each such State under such section 641 for care provided by such State in a State home from January 1, 1976, to October 1, 1976, and the amount such State would have been paid for providing such care if the amendment made by subsection (a) of this section had been effective on January 1, 1976. Approved September 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-705 (Coram, on Veterans' Affairs). SENATE REPORT No. 94-1164 CComm. on Veterans' Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 15, considered and passed House. Vol. 122 (1976): Aug. 30, considered and passed Senate, amended. Sept. 9, House concurred in Senate amendment.

Sept. 21, 1976 [H.R. 10394]

Veterans. Care and treatment in State homes.

Effective date. 38 USC 641 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1328

 90 STAT. 1278

PUBLIC LAW 94-418—SEPT. 21, 1976

Public Law 94-418 94th Congress An Act Sept. 2 1. 1976 [S. 3669]

National Gallery of Art. Loan funds, interest adjustments.

To provide for adjusting the amount of interest paid on funds deposited with the Treasury of the United States as a permanent loan by the Board of Trustees of the National Gallery of Art. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to authorize the acceptance of a permanent loan to the United States by the Board of Trustees of the National Gallery of Art, and for other purposes", approved April 10, 1943 (20 U.S.C. 74a), is amended by striking out "the rate of 4 per centum per annum," and inserting in lieu thereof "a rate which is the higher of the rate of 4 per centum per annum or a rate which is.25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum,". Approved September 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1395 accompanying H.R. 14803 (Comm. on House Administration). SENATE REPORT No. 94-1139 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed Senate. Sept. 9, considered and passed House, in lieu of H.R. 14803.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1329

 PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976

90 STAT. 1279

Public Law 94-419 94th Congress An Act Making appropriations for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes. Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 1977, for military functions administered by the Department of Defense, and for other purposes, n a m e l y: TITLE I MILITARY

PERSONNEL

MILITARY PERSONNEL, A R M Y

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active d u t y (except members of reserve components provided for elsewhere); $8,564,011,000. MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $6,002,268,000. MILITARY PERSONNEL, M A R I N E CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active d u t y (except members of the Reserve provided for elsewhere); $1,854,334,000. MILITARY PERSONNEL, A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary d u t y travel between permanent d u t y stations, for members of the A i r Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,136,706,000.

Sept. 22, 1976 [H.R. 14262]

Department of Defense Appropriation Act, 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1330

 90 STAT. 1280

PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976 RESERVE PERSONNEL, A R M Y

For p a y, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve t r a i n i n g or while performing drills or equivalent duty, and for members of the Reserve Officers' T r a i n i n g Corps, as authorized by law; $469,919,000. RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' T r a i n i n g Corps, as authorized by law; $215,010,000. RESERVE PERSONNEL, M A R I N E CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $78,173,000. RESERVE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the iVir Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the A i r Reserve Officers' T r a i n i n g Corps, as authorized by law; $163,807,000. NATIONAL GUARD PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National G u a r d while on d u t y under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training, or while performing drills or equivalent duty, as authorized by law; $714,665,000. NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the A i r National G u a r d on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training, or while performing drills or equivalent duty, as authorized by law; $219,515,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1331

 PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976

90 STAT. 1281

TITLE II EETIRED MILITAEY

PERSONNEL

RETIRED P A T, D E F E N S E

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the A i r Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and payments under section 4 of Public Law 92-425 and chapter 73 of title 10, United 10 USC 1448 States Code; $8,381,700,000. note. ' ' ' ' 10 USC 1431 et TITLE III OPERATION AND MAINTENANCE OPERATION AND M A I N T E N A N C E, A R M Y

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,929,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $7,898,285,000, of which not less than $480,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,462,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $9,565,164,000, of which not less than $243,000,000 shall be available only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,733,085,000 shall be available for the performance of such work in Navy shipyards of which not less than $22,000,000 shall be available for such work only at the S h i p R e p a i r Facilities, Guam. OPERATION AND M A I N T E N A N C E, M A R I N E CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $569,288,000, of which not less than $74,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the A i r Force, as authorized by law; and not

""9

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1332

 90 STAT. 1282

PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976 to exceed $2,393,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the A i r Force, and payments may be made on his certificate of necessity for confidential military purposes; $8,107,077,000, of which not less than $380,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, D E F E N S E AGENCIES

Transfers, notice to Congress.

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities, $897,130,000, of which $581,830,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $242,800,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $13,100,000; for the Office of Information for the A r m e d Forces, $17,600,000; for the Defense Contract A u d i t Agency, $72,500,000; for the Defense Investigative Service, $28,000,000; for the Defense M a p p i n g Agency, $198,400,000; for the Defense Nuclear Agency, $24,500,000; for the Uniformed Services LTniversity of the Health Sciences, $5,600,000; for the Defense S u p p l y Agency, $839,800,000; and for intelligence and communications activities, $622.270,000; in a l l: $2,718,900,000: Provided, That of the total amount of this appropriation, not to exceed $8,384,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $30,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further. That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to t h i s authority. OPERATION AND M A I N T E N A N C E, A R M Y RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the d e a d; recruiting; procurement of services, supplies, and equipment; and communications; $356,100,000, of which not less than $22,800,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of pas<5enger motor vehicles; travel and transportation; care of the d e a d; recruiting; procurement of services, supplies, and equipment; and communications; $288,000,000, of which not less than $13,500,000 shall be available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1333

 PUBLIC LAW 94-419—SEPT. 22, 1976

9 0 STAT. 1283

OPERATION AND M A I N T E N A N C E, M A R I N E CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the d e a d; recruiting; procurement of services, supplies, and equipment; and communications; $14,800,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the A i r Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the d e a d; recruiting; procurement of services, supplies, and equipment; and communications; $350,700,000, of which not less than $8,000,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A R M Y NATIONAL GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National G u a r d B u r e a u; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National G u a r d division, regimental, and battalion commanders while inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National G u a r d B u r e a u; supplying and equipping the A r m v National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including a i r c r a f t); $706,200,000, of which not less than $15,800,000 shall be available only for the maintenance of real property facilities. OPERATION AND M A I N T E N A N C E, A I R NATIONAL GUARD

For operation and maintenance of the A i r National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the t r a i n i n g and administration of the A i r National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of t h i n g s; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the A i r National G u a r d; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for A i r National G u a r d personnel on active Federal duty, for A i r National G u a r d commanders while inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National G u a r d B u r e a u; $774,600,000, of which not less than $8,800,000 shall be available only for the maintenance of real property facilities.

^

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1334

 90 STAT. 1284

PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976 A R M Y STOCK F U N D

For the Army stock fund, $100,000,000. NAVY STOCK F U N D

For the Navy stock fund, $32,000,000. M A R I N E CORPS STOCK F U N D

For the Marine Corps stock fund, $6,200,000. A I R FORCE STOCK F U N D

For the A i r Force stock fund, $58,800,000. D E F E N S E STOCK F U N D

For the Defense Agencies stock fund, $22,800,000. NATIONAL BOARD FOR THE PROMOTION OF R I F L E PRACTICE, A R M Y

For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle r a n g e s; the instruction of citizens in m a r k s m a n s h i p; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $291,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National B o a r d; and from other funds provided in this Act, not to exceed $329,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311. CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under t r a i n i n g contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National G u a r d units thereof; $82,500,000. CONTINGENCIES, D E F E N S E

For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary^ of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000. COURT OF MILITARY APPEALS, D E F E N S E

For salaries and expenses necessary for the United States Court of Military A p p e a l s; $1,239,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1335

 PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976 !

f

90 STAT. 1285

TITLE IV PROCUREMENT

AIRCRAFT PROCUREMENT,

ARMY

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and t r a i n i n g devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $541,900,000, to remain available for obligation until September 30, 1979. M I S S I L E PROCUREMENT,

ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and t r a i n i n g devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $497,400,000, to remain available for obligation until September 30, 1979. PROCUREMENT or

W E A P O N S AND TRACKED COMBAT V E H I C L E S,

ARMY

(INCLUDING TRANSFER OF FUNDS)

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $1,089,800,000, and in addition $27,800,000 which shall be derived by transfer from " P r o curement of Weapons and Tracked Combat Vehicles, Army, eTuly 1, 1976/1978", to remain available for obligation until September 30,

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40 USC 255.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1336

 90 STAT. 1286

PUBLIC LAW 94-419—SEPT. 22, 1976 PROCUREMENT OF AMMUNITION, ARMY

40 USC 255.

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities authorized in military construction authorization Acts, and the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355^ Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $902,900,000, to remain available for obligation until September 30, 1979. OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand seven hundred and sixtyfive passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $1,366,600,000, to remain available for obligation until September 30, 1979. AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; $2,843,500,000, to remain available for obligation until September 30, 1979. WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1337

 PUBLIC LAW 9 4 - 4 1 9 — S E P T. 22, 1976

90 STAT. 1287

private p l a n t s; reserve plant and Government and contractor-owned equipment l a y a w a y; $2,022,200,000, to remain available for obligation until September 30, 1979. S H I P B U I L D I N G AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including; armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows: for the Trident submarine program, $791,500,000; for the 8 8 ^ - 6 8 8 nuclear attack submarine program, $958,700,000; for the CG-26 IT.S.S. Belknap conversion program, $213,000,000; for the CVIS" nuclear attack aircraft carrier program, $350,000,000; for the U.S.S. Long Beach conversion program, $371,000,000; for the F F G guided missile frigate program, $1,179,500,000; for the A D destroyer tender program, $260,400,000; for the A S submarine tender program, $260,900,000; for the A O fleet oiler program, $102,300,000; for service craft, outfitting, post delivery, cost growth, and escalation on prior year programs, $1,707,700,000, in a l l: $6,195,000,000, to remain available for obligation until September 30, 1981: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT,

NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed nine hundred and forty-nine passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment l a y a w a y; $2,173,400,000, to remain available for obligation until September 30, 1979. PROCUREMENT, M A R I N E

CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in pulalic and private plants; reserve plant and Government and contractor-owned equipment layaway; and vehicles for the Marine Corps, including purchase of not to

40 USC 255.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1338

 90 STAT. 1288 '

PUBLIC LAW 94-419—SEPT. 22, 1976 exceed one hundred and fifty-four passenger motor vehicles for replacement only; $328,400,000, to remain available for obligation until September 30, 1979. AiRCRArr PROCUREMENT, A I R FORCE (INCLUDING TRANSFER OF FUNDS)

40 USC 255.

V

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $6,067,700,000, and in addition, $21,500,000, of which $8,600,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1976/1978", and $12,900,000 which shall be derived by transfer from "Aircraft Procurement, Air Force, July 1, 1976/1978", to remain available for obligation until September 30, 1979. Until February 1, 1977, the obligation of funds appropriated in this Act for the procurement of the B-1 bomber shall be limited to a cumulative rate of not to exceed $87,000,000 per month. MISSILE PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $1,827,700,000, and in addition, $33,300,000, which shall be derived by transfer from "Missile Procurement, Air Force, 1976/1978", to remain available for obligation until September 30, 1979. OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed one thousand two hundred and fifteen passenger motor vehicles of which one thousand one hundred and ninety-four shall be for replacement only; and expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1339

 PUBLIC LAW 94-419—SEPT. 22, 1976

90 STAT. 1289

9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government 40 USC 255. and contractor-owned equipment layaway; $2,309,700,000, to remain available for obligation until September 30, 1979. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; purchase of three hundred and eighty-seven passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; $250,100,000, to remain available for obligation until September 30, 1979. TITLE V RESEARCH, DEVELOPMENT, TEST, AND EVALUATION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,280,816,000, to remain available for obligation until September 30, 1978.

'

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,722,792,000, to remain available for obligation until September 30, 1978. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,749,530,000, to remain available for obligation until September 30, 1978. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Prepared-

i

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1340

 90 STAT. 1290

<

Transfer and merger of funds.

PUBLIC LAW 94-419—SEPT. 22, 1976 ness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of lacilities and equipment, as authorized by law; $651,280,000, to remain available for obligation until September 30, 1978: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred. DIRECTOR or

TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $30,000,000, to remain available for obligation until September 30, 1978. TITLE VI SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses in carrying out programs of the Department of Defense, as authorized by law; $3,665,000, to remain available for obligation until September 30, 1978: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VII GENERAL PROVISIONS Publicity or

Experts or consultants.

Employment of noncitizens.

31 USC 700.

SEC. 701. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. SEC. 702. During the current fiscal year, the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force, respectively, if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 703. During the current fiscal year, provisions of law prohibit-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1341

 PUBLIC LAW 94-419—SEPT. 22, 1976

90 STAT. 1291

ing the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 704. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 705. Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SEC. 706. Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by sections 2672 or 2675 of title 10, United States Code. SEC. 707. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $248,000,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided, further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as important to national defense in accordance with section 210 of title 23,

Appropriations, availability.

Prisoners of war. 31 USC 649a.

Land acquisition.

Dependents' schooling.

Deficiency judgments. Leasing.

Tools, maintenance. Access roads.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1342

 90 STAT. 1292 Milk program.

PUBLIC LAW 94-419—SEPT. 22, 1976

United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended. 22 USC 2385. Incidental SEC. 708. Appropriations for the Department of Defense for the expenses, current fiscal year shall be available for: (a) donations of not to payment. exceed $25 to each prisoner upon each release from confinement in 10 USC 858 note. military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as 10 USC 807 note. authorized for the Navy by law (10 U.S.C. 7208); (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case; and (k) expenses of arrangements with foreign countries for cryptologic support. SEC. 709. Insofar as practicable, the Secretary of Defense shall assist Small business assistance. American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishings of commodities and services financed with funds appropriated by this Act. Mess operations. SEC. 710. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided. That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less

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