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 PUBLIC LAW 94-295—MAY 28, 1976

90 STAT. 575

CONFORMING AMENDMENTS

Amendments to Section 201 SEC. 3. (a)(1)(A) Paragraph (h) of section 201 is amended to read as follows: "(h) The term 'device' (except when used in paragraph (n) of this section and in sections 301(i), 403(f), 502(c), and 602(c)) means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessorjr, which is— "(1) recognized in the official National Formulary, or the United States Pharmacopeia, or any supplement to them, "(2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or "(3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its principal intended purposes through c'emical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.". (T)) Section 15(d) of the Federal Trade Commission Act is amended (o read as follows: "''d) The term 'device' (except when used in subsection (a) of this section) means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is— "(1) recognized in the official National Formulary, or the ITuited States Pharmacopeia, or any supplement to them, "(2) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or "(3) intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its principal intended purposes.". (2) Section 201 is amended by adding at the end the following: "(y) The term 'informal hearing' means a hearing which is not subject to section 554, 556, or 557 of title 5 of the United States Code and which provides for the following: "(1) The presiding officer in the hearing shall be designated by the Secretary from officers and employees of the Department of Health, Education, and Welfare who have not participated in any action of the Secretary which is the subject of the hearing and who are not directly responsible to an officer or employee of the Department who has participated in any such action. "(2) Each party to the hearing shall have the right at all times to be advised and accompanied by an attorney. " (3) Before the hearing, each party to the hearing shall be given reasonable notice of the matters to be considered at the Hearing, including a comprehensive statement of the basis for the action taken or proposed by the Secretary which is the subject of the hearing and a general summary of the information which will be presented by the Secretary at the hearing in support of such action.

89-194 O—78—Df 1

40

21 USC 321. "Device." 21 USC 331, 343, 352, 362.

15 USC 55. 'Device.

"Informal hearing."

Notice,

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 90 STAT. 576 Statement.

Report. Review. Transcription.

PUBLIC LAW 94-295—MAY 28, 1976 "(4) At the hearing the parties to the hearing shall have the right to hear a full and complete statement of the action of the Secretary which is the subject of the hearing together with the information and reasons supporting such action, to conduct reasonable questioning, and to present any oral or written information relevant to such action. "(5) The presiding officer in such hearing shall prepare a written report of the hearing to which shall be attached all written material presented at the hearing. The participants in the hearing shall be given the opportunity to review and correct or supplement the presiding officer's report of the hearing. "(6) The Secretary may require the hearing to be transcribed. A party to the hearing shall have the right to have the hearing transcribed at his expense. Any transcription of a hearing shall be included in the presiding officer's report of the hearing.". Amendments to Section 301

21 USC 331. Ante, pp. 562, 565. Ante, p. 564.

(b)(1) Section 301 is amended by adding at the end the following new paragraphs: " (q)(l) The failure or refusal to (A) comply with any requirement prescribed under section 518 or 520(g), or (B) furnish any n =tification or other material or information required by or under .- -tion 519 or 520(g). '2) With respect to any device, the submission of any report that is reiriired by or under this Act that is false or misleading in any ^^'3 sal respect.". (I) •ection 301(e) is amended by striking out "or" before "512" a i l by inserting after " (m) " a comma and the following: "515(f), (3) Section 301(j) is amended by inserting "510," before "512", by inserting "513, 514, 515, 516, 518,.519, 520," before "704", and by striking out "or 706" and inserting in lieu thereof "706, or 708". (4) Section 301(1) is amended (A) by inserting "or device" after "drug" each time it occurs, and (B) by striking out "505" and inserting in lieu thereof "505, 515, or 520(g), as the case may be". Amendments to Section 304

21 USC 334.

/

(c) Section 304(a) is amended (1) by striking out "device," in paragraph (1), and (2) by striking out "and" before " (C) " in paragraph (2), and (3) by striking out the period at the end of that paragraph and inserting in lieu thereof a comma and the following: "and (D) Any adulterated or misbranded device.". Amendments to Section 501

21 USC 351. Ante, p. 546.

Ante, p. 552.

(d) Section 501 is amended by adding at the end the following new paragraphs: ^ "(e) If it is, or purports to be or is represented as, a device which is subject to a performance standard established under section 514, unless such device is in all respects in conformity with such standard. "(f)(1) If it is a class III device— "(A)(i) which is required by a regulation promulgated under subsection (b) of section 515 to have an approval under such section of an application for premarket approval and which is not exempt from section 515 under section 520(g), and

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 PUBLIC LAW 94-295—MAY 28, 1976

90 STAT. 577

"(ii)(I) for which an application for premarket approval or a notice of completion of a product development protocol was not filed with the Secretary within the ninety-day period beginning on the date of the promulgation of such regulation, or " ( II) for which such an application was filed and approval of the application has been denied or withdrawn, or such a notice was filed and has been declared not completed or the approval of the device under the protocol has been withdrawn; "(B)(i) which was classified under section 513(f) into class Ante, f. 54X). I l l, which under section 515(a) is required to have in effect an ^"'e» P- 552. approved application for premarket approval, and which is not exempt from section 515 under section 520(g), and '^"'^' P- ^°^"(ii) which does not have such an application in effect; or "(C) which was classified under section 520(1) into class III, which under such section is required to have in effect an approved application under section 515, and which does not have such an application in effect. "(2)(A) In the case of a device classified under section 513(f) into class III and intended solely for investigational use, paragraph (1)(B) shall not apply with respect to such device during the period ending on the ninetieth day after the date of the promulgation of the regulations prescribing the procedures and conditions required by section 520(g)(2). "(B) In the case of a device subject to a regulation promulgated under subsection (b) of section 515, paragraph (1) shall not apply • ai. with respect to such device during the period ending— "(i) on the last day of the thirtieth calendar month beginning .. -j, after the month in which the classification of the device in class III became effective under section 513, or "(ii) on the ninetieth day after the date of the promulgation of such regulation, whichever occurs later. - ';£ " (g) If it is a banned device. "(h) If it is a device and the methods used in, or the facilities or controls used for, its manufacture, packing, storage, or installation are not in conformity with applicable requirements under section 520(f) (1) or an applicable condition prescribed by an order under section 520(f)(2).. . . .' " (i) If it is a device for which an exemption has been granted under section 520(g) for investigational use and the person who was granted such exemption or any investigator who uses such device under such exemption fails to comply with a requirement prescribed by or under such section.". S Amendments to Section 502 (e)(1) Section 502 is amended by adding at the end the following new paragraphs: "(q) In the case of any restricted device distributed or offered for sale in any State, if (1) its advertising is false or misleading; in any particular, or (2) it is sold, distributed, or used in violation of regulations prescribed under section 520(e), " (r) In the case of any restricted device distributed or offered for sale in any State, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that device (1) a true statement of the device's

21 USC 352. j, ,

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 90 STAT. 578 21 USC 352. Notice and hearing.

21 USC 321. Ante, p. 546. Ante, p. 562. Ante, p. 564.

21 USC 381.

21 USC 360b. Ante, p. 552. Ante, p. 560.

PUBLIC LAW 94-295—MAY 28, 1976 established name as defined in section 502(e), printed prominently and in type at least half as large as that used for any trade or brand name thereof, and (2) a brief statement of the intended uses of the device and relevant warnings, precautions, side effects, and contraindications and, in the case of specific devices made subject to a finding by the Secretary after notice and opportunity for comment that such action is necessary to protect the public health, a full description of the components of such device or the formula showing quantitatively each ingredient of such device to the extent required in regulations which shall be issued by the Secretary after an opportunity for a hearing. Except in extraordinary circumstances, no regulation issued under this paragraph shall require prior approval by the Secretary of the content of any advertisement and no advertisement of a restricted device, published after the effective date of this paragraph shall, with respect to the matters specified in this paragraph or covered by regulations issued hereunder, be subject to the provisions of sections 12 through 15 of the Federal Trade Commission Act (15 U.S.C. 52-55). This paragraph shall not be applicable to any printed matter which the Secretary determines to be labeling as defined in section 201(m). "(s) If it is a device subject to a performance standard established under section 514, unless it bears such labeling as may be prescribed in such performance standard. " (t) If it is a device and there was a failure or refusal (1) to comply with any requirement prescribed under section 518 respecting the device, or (2) to furnish any material or information required by or under section 519 respecting the device.". (2) Section 502(j) is amended by inserting "or manner" after "dosage". Amendments to Section 801 (f)(1) Section 801(d) is amended to read as follows: "(d)(1) A food, drug, device, or cosmetic intended for export shall not be deemed to be adulterated or misbranded under this Act if it— "(A) accords to the specifications of the foreign purchaser, "(B) is not in conflict with the laws of the country to which it is intended for export, "(C) is labeled on the outside of the shipping package that it is intended for export, and "(D) is not sold or offered for sale in domestic commerce. This paragraph does not authorize the exportation of any new animal drug, or an animal feed bearing or containing a new animal drug, which is unsafe within the meaning of section 512. " (2) Paragraph (1) does not apply to any device— "(A) which does not comply with an applicable requirement of section 514 or 515, "(B) which under section 520(g) is exempt from either such section, or "(C) which is a banned device under section 516, unless, in addition to the requirements of paragraph (1), the Secretary has determined that the exportation of the device is not contrary to public health and safety and has the approval of the country to which it is intended for export.". (2) Section 801(a)(1) is amended by inserting after "conditions" the following: "or, in the case of a device, the methods used in, or the facilities or controls used for, the manufacture, packing, storage,

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 PUBLIC LAW 94-295—MAY 28, 1976 or installation of the device do not conform to the requirements of section 520(f) ". REGISTRATION OF DEVICE

90 STAT. 579 Ante, p. 565.

MANUFACTURERS

SEC. 4. (a) Section 510 is amended as follows: (1) The section heading is amended by inserting "AND DEVICES" after "DRUGS". (2) Subsection (a)(1) is amended by inserting "or device package" after "drug package"; by inserting "or device" after "the drug"; and by inserting "or user" after "consumer". (3) Subsections (b), (c), and (d) are amended by inserting "or a device or devices" after "drugs" each time it occurs. (4) Subsection (e) is amended by adding at the end the following: "The Secretary may by regulation prescribe a uniform system for the identification of devices intended for human use and may require that persons who are required to list such devices pursuant to subsection (j) shall list such devices in accordance with such system.". (5) Subsection (g) is amended by inserting "or devices" after "drugs" each time such term occurs in paragraphs (1), (2), and (3) of such subsection. (6) Subsection (h) is amended by inserting after "704 and" the following: "every such establishment engaged in the manufacture, propagation, compounding, or processing of a drug or drugs or of a device or devices classified in class II or III". (7) The first sentence of subsection (i) is amended by inserting ", or a device or devices," after "drug or drugs"; and the second sentence of such subsection is amended by inserting "shall require such establishment to provide the information required by subsection (j) in the case of a device or devices and" immediately before "shall include" and by inserting "or devices" after "drugs". (8) Subsection (j) is amended— (A) in the matter preceding subparagraph (A) of paragraph (1), by striking out "a list of all drugs (by established name" and inserting in lieu thereof "a list of all drugs and a list of all devices and a brief statement of the basis for believing that each device included in the list is a device rather than a drug (with each drug and device in each list listed by its established name", and by striking out "drugs filed" and inserting in lieu thereof "drugs or devices filed"; (B) in paragraph (1)(A), by striking out "such list" and inserting in lieu thereof "the applicable list"; by inserting "or a device intended for human use contained in the applicable list with respect to which a performance standard has been established under section 514 or which is subject to section 515," after "512,", and by inserting "or device" after "such drug" each time it appears; (C) in paragraph (1)(B), by striking out "drug contained in such list" before clause (i) and inserting in lieu thereof "drug or device contained in an applicable list"; (D) by amending clause (i) of paragraph (1)(B) to read as follows— "(i) which drug is subject to section 503(b)(1), or which device is a restricted device, a copy of all labeling for such drug or device, a representative sampling of advertisements for such drug or device, and, upon request made by the Secretary for good cause, a copy of all advertisements for a particular drug product or device, or";

21 USC 360.

.i. Ante, pp. 546, ^^2.

21 USC 353.

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 90 STAT. 580

21 USC 353.

Ante, pp. 546, 552.

Report.

Ante, p. 540.

21 USC 331. 21 USC 352. 21 USC 360.

21 USC 381.

PUBLIC LAW 94-295—MAY 28, 1976 (E) by amending clause (ii) of paragraph (1)(B) to read as follows: "(ii) which drug is not subject to section 503(b)(1) or which device is not a restricted device, the label and package insert for such drug or device and a representative sampling of any other labeling for such dru^ or device;"; (F) in paragraph (1)(C), by striking out "such list" and inserting "an applicable list" in lieu thereof; (G) m paragraph (1)(D), by striking out "the list" and inserting in lieu thereof "a list"; by inserting "or the particular device contained in such list is not subject to a performance standard established under section 514 or to section 515 or is not a, restricted device" after "512,"; and by inserting "or device" after "particular drug product" each place it occurs; and (H) in paragraph (2), by inserting "or device" after "drug" each time it appears and, in paragraph (2)(C), by inserting "each" before "by established name". (9) Such section is amended by adding after subsection (j) the following new subsection: "(k) Each person who is required to register under this section and who proposes to begin the introduction or delivery for introduction into interstate commerce for commercial distribution of a device intended for human use shall, at least ninety days before making such introduction or deli\'ery, report to the Secretary (in such form and manner as the Secretary shall by regulation prescribe)— "(1) the class in which the device is classified under section 513 or if such person determines that the device is not classified under such section, a statement of that determination and the basis for such person's determination that the device is or is not so classified, and "(2) action taken by such person to comply with requirements under section 514 or 515 which are applicable to the device.". (b)(1) Section 301(p) is amended by striking out "510(j)," and inserting in lieu thereof "510 (j) or 510 (k),". (2) Section 502(o) is amended (A) by striking out "is a drug and" and (B) by inserting before the period a comma and the following: "if it was not included in a list required by section 510(j), if a notice or other information respecting it was not provided as required by such section or section 510(k), or if it does not bear such symbols from the uniform system for identification of devices prescribed under section 510(e) as the Secretary by regulation requires". (3) The second sentence of section 801(a) is amended by inserting "or devices" after "drugs" each time it occurs. DEVICE ESTABLISHED AND OFFICIAL NAMES

21 USC 352.

SEC. 5. (a)(1) Subparagraph (1) of section 502(e) is amended by striking out "subparagraph (2)" and inserting in lieu thereof "subparagraph (3)". (2) Subparagraph (2) of such section is redesignated as subparagraph (3) and is amended by striking out "this paragraph (e)" and inserting in lieu thereof "subparagraph (1)". (3) Such section is amended by adding after subparagraph (1) the following new subparagraph: "(2) If it is a device and it has an established name, unless its label bears, to the exclusion of any other nonproprietary name, its established name (as defined in subparagraph (4)) prominently printed in type at least half as large as that used thereon for any proprietary

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 PUBLIC LAW 94-295—MAY 28, 1976 name or designation for such device, except that to the extent compliance with the requirements of this subparagraph is impracticable, exemptions shall be established by regulations promulgated by the Secretary.". (4) Such section is amended by adding after subparagraph (3) (as so redesignated) the following: "(4) As used in subparagraph (2), the term 'established name' with respect to a device means (A) the applicable official name of the device designated pursuant to section 508, (B) if there is no such name and such device is an article recognized m an official compendium, then the official title thereof in such compendium, or (C) if neither clause (A) nor clause (B) of this subparagraph applies, then any common or usual name of such device.". (b) Section 508 is amended (1) in subsections (a) and (e) by adding "or device" after "drug" each time it appears; (2) in subsection (b) by adding after "all supplements thereto," the following: "and at such times as he may deem necessary shall cause a review to be made of the official names by which devices are identified in any official compendium (and all supplements thereto)"; (3) in subsection (c)(2) by adding "or device" after "single drug", and by adding "or to two or more devices which are substantially equivalent in design and purpose" after "purity,"; (4) in subsection (c)(3) by adding "or device" after "useful drug", and after "drug or drugs each time it appears; and (5) in subsection (d) by adding "or devices" after "drugs".

90 STAT. 581

"Established name." 21 USC 358.

Review

INSPECTIONS RELATING TO DEVICES

SEC. 6. (a) The second sentence of subsection (a) of section 704 (21 U.S.C. 374) is amended by inserting "or restricted devices" after "prescription drugs" both times it appears. (b) The third sentence of such subsection is amended to read as follows: "No inspection authorized by the preceding sentence shall extend to financial data, sales data other than shipment data, pricing data, personnel data (other than data as to qualifications of technical and professional personnel performing functions subject to this Act), and research data (other than data relating to new drugs, antibiotic drugs, and devices and subject to reporting and inspection under regulations lawfully issued pursuant to section 505(i) or (j), section 507(d) or (g), section 519, or 520(g), and data relating to other drugs or devices which in the case of a new drug would be subject to reporting or inspection under lawful regulations issued pursuant to section 505(j)).". (c)(1) Paragraph (1) of the sixth sentence of such subsection is amended by inserting "or devices" after "drugs" each time it occurs. (2) Paragraph (2) of that sentence is amended by inserting ", or prescribe or use devices, as the case may be," after "administer drugs"; and by inserting ", or manufacture or process devices," after "process drugs". (3) Paragraph (3) of that sentence is amended by inserting "or manufacture or process devices," after "process drugs". (d) Section 704 is amended by adding at the end the following new subsection: "(e) Every person required under section 519 or 520(g) to maintain records and every person who is in charge or custody of such records shall, upon request of an officer or employee designated by the Secretary, permit such officer or employee at all reasonable times to have access to, and to copy and verify, such records.".

21 USC 355,357. Ante, pp. 564, 565.

Records, accessibility.

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 90 STAT. 582

PUBLIC LAW 94-295—MAY 28, 1976 ADMINISTRATIVE RESTRAINT

21 USC 334. Detention. 21 USC 374.

21 USC 332. Regulations.

Appeal.

21 USC 331.

SEC. 7. (a) Section 304 is amended by adding at the end the following new subsection: ",(g)(1) If during an inspection conducted under section 704 of a facility or a vehicle, a device which the officer or employee making the inspection has reason to believe is adulterated or misbranded is found in such facility or vehicle, such officer or employee may order the device detained (in accordance with regulations prescribed by the Secretary) for a reasonable period which may not exceed twenty days unless the Secretary determines that a period of detention greater than twenty days is required to institute an action under subsection (a) or section 302, in which case he may authorize a detention period of not to exceed thirty days. Regulations of the Secretary prescribed under this paragraph shall require that before a device may be ordered detained under this paragraph the Secretary or an officer or employee designated by the Secretary approve such order. A detention order under this paragraph may require the labeling or marking of a device during the period of its detention for the purpose of identifying the device as detained. Any person who would be entitled to claim a device if it were seized under subsection (a) may appeal to the Secretary a detention of such device under this paragraph. Within five days of the date an appeal of a detention is filed with the Secretary, the Secretary shall after affording opportunity for an informal hearing by order confirm the detention or revoke it. "(2)(A) Except as authorized by subparagraph (B), a device subject to a detention order issued under paragraph (1) shall not be moved by any person from the place at which it is ordered detained until— " (i) released by the Secretary, or "(ii) the expiration of the detention period applicable to such order, whichever occurs first. "(B) A device subject to a detention order under paragraph (1) may be moved— "(i) in accordance with regulations prescribed by the Secretary, and "(ii) if not in final form for shipment, at the discretion of the manufacturer of the device for the purpose of completing the work required to put it in such form.". (b) Section 301 is amended by adding after the paragraph added by section 3(b)(1) the following new paragraph: "(r) The movement of a device in violation of an order under section 304(g) or the removal or alteration of any mark or label required by the order to identify the device as detained.". CONFIDENTIAL INFORMATION; PRESUMPTION

SEC. 8. Chapter 7 is amended by adding at the end the following new sections: " C O N F I D E N T I A L INFORMATION

21 USC 379.

"SEC. 708. The Secretary may provide any information which is exempt from disclosure pursuant to subsection (a) of section 552 of title 5, United States Code, by reason of subsection (b)(4) of such section to a person other than an officer or employee of the Department if the Secretary determines such other person requires the information in connection with an activity which is undertaken under contract with the Secretary, which relates to the administration of this Act, and with

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 PUBLIC LAW 94-295—MAY 28, 1976

90 STAT. 583

respect to which the Secretary (or an officer or employee of the Department) is not prohibited from using such information. The Secretary shall require as a condition to the provision of information under this section that the person receiving it take such security, precautions respecting the information as the Secretary may by regulation prescribe. "PRESUMPTION

"SEC. 709. In any action to enforce the requirements of this Act 21 USC 379a. respecting a device the connection with interstate commerce required for jurisdiction in such action shall be presumed to exist.". COLOR ADDITIVES

SEC. 9. (a) Section 706 is amended (1) by inserting "or device" after 21 USC 376. "drug" each time it occurs, (2) by inserting "or devices" after "drugs" each time it occurs, and (S) by adding at the end of subsection (a) the following new sentences: "A color additive for use in or on a device shall be subject to this section only if the color additive comes in direct contact with the body of man or other animals for a significant period of time. The Secretary may by regulation designate the uses of color additives in or on devices which are subject to this section.". (b)(1) Section 501(a) is amended (A) by inserting "(3) if its" in 21 USC 351. lieu of "(3) if it is a drug and its"; (2) by inserting "(4) if (A) it bears or contains" in lieu of "(4) if (A) it is a drug which bears or contains"; and (3) by inserting "or devices" after "drugs" in subclause (B) of clause (4). (2) Section 502(m) is amended by striking out "in or on drugs". 21 USC 352. ASSISTANCE FOR SMALL MANUFACTURERS OF DEVICES

SEC. 10. The Secretary of Health, Education, and Welfare shall Office, establish within the Department of Health, Education, and Welfare ^J^^^irJlTo' an identifiable office to provide technical and other nonfinancial assist- '*2 USC 3512. ance to small manufacturers of medical devices to assist them in complying with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended by this Act. Approved May 28, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-853 accompanying H.R. 11124 (Coram, on Interstate and Foreign Commerce) and No. 94-1090 (Coram, of Conference). SENATE REPORT No. 94-33 (Coram, on Labor and Public Welfare). CONGRESSIONAL RECORD: Vol. 121 (1975): Apr. 17, considered and passed Senate. Vol. 122 (1976): Mar. 9, considered and passed House, amended, in lieu of H.R. 11124. May 13, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 22 (1976): May 28, Presidential statement.

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 90 STAT. 584

PUBLIC LAW 94-296—MAY 29, 1976

Public Law 94-296 94th Congress An Act May 29. 1976 [H.R. 8089]

Uniformed services. Travel expenses.

Effective date. 37 USC 404 note.

To amend section 404(d) of title 37, United States Code, relating to per diem expenses of members of the uniformed services traveling on official business.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 404(d) of title 37, United States Code, is amended— (1) by striking out "of not more than $25 a day'' and inserting in lieu thereof "in an amount sufficient to meet actual and necessary expenses, but in no event more than $35 a day". (2) by amending the last sentence to read as follows: "Under regulations prescribed by the Secretaries concerned, when either travel is to an area designated as a high cost area in those regulations or the per diem of clause (2) of this subsection is less than the amount of the actual and necessary expenses required by the unusual circumstances of the travel assignment, reimbursement may be authorized for actual and necessary expenses, but not for more than $50 for each day in a travel status.". SEC. 2. The amendments made by this Act become effective on the first day of the first calendar month following the date of enactment. Approved May 29, 1976.

'•i

t;

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-634 (Coram, on Armed Services). SENATE REPORT No. 94-715 (Coram, on Armed Services). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 17, considered and passed House. Vol. 122 (1976): Mar. 31, considered and passed Senate, amended. May 18, House concurred in Senate amendment

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 PUBLIC LAW 94-297—MAY 29, 1976

90 STAT. 585

Public Law 94-297 94th Congress An Act To provide for the definition and punishment of certain crimes in accordance with the Federal laws in force within the special maritime and territorial jurisdiction of the United States when said crimes are committed by an Indian in order to insure equal treatment for Indian and non-Indian offenders.

Be it enacted by the Senate and House of Representatives of the United States of AmeHca in Congress assembled, That this Act may be cited as the "Indian Crimes Act of 1976". SEC. 2. Section 1153, title 18, United States Code, is amended to read as follows: "§1153. Offenses committed within Indian country "Ajiy Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnaping, rape, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape, incest, assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. "As used in this section, the offenses of burglary and incest shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense. "In addition to the offenses of burglary and incest, any other of the above offenses which are not defined and punished by Federal law in force within the exclusive jurisdiction or the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.". SEC. 3. Section 113 of title 18, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Assault resulting in serious bodily injury, by fine of not more than $10,000 or imprisonment for not more than ten years, or both.".

May 29. 1976 [S. 2129]

Indian Crimea Act of 1976. 18 USC 1153 note.

Assault, penalties.

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 90 STAT. 586

Ante, p. 585.

PUBLIC LAW 94-297—MAY 29, 1976 SEC. 4. Section 3242, title 18, United States Code, is amended to read as follows: "§ 3242. Indians committing certain offenses; acts on reservations "All Indians committing any offense listed in the first paragraph of and punishable under section 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States.". Approved May 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1038 (Coram, on the Judiciary). SENATE REPORT No. 94-620 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 4, considered and passed Senate. May 18, considered and passed House, amended. May 20, Senate concurred in House amendraent.

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 PUBLIC LAW 94-298—MAY 29, 1976

90 STAT. 587

Public Law 94-298 94th Congress An Act To authorize further appropriations for the Council on Environmental Quality.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 205 of the Environmental Quality Improvement Act of 1970 (42 U.S.C. 4374) is amended to read as follows: "SEC. 205. There are hereby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91-190: "(a) $2,000,000 for the fiscal year ending June 30, 1976. "(b) $500,000 for the transition period (July 1, 1976, to September 30, 1976). "(c) $3,000,000 for the fiscal year ending September 30, 1977. "(d) $3,000,000 for the fiscal year ending September 30, 1978." Approved May 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-888 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-814 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and passed House. May 17, considered and passed Senate.

May 29. 197(3 [H.R. 116191 Council on Environmental Quality. Appropriation authorization.

42 USC 4321 note.

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 90 STAT. 588

PUBLIC LAW 94-299—MAY 29, 1976

Public Law 94-299 94th Congress An Act May 29, 1976 [H.R. 12527]

IJIQ amend the Federal Trade Commission Act to increase the authorization of appropriations for fiscal year 1976, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 20 of 15 USC 57c. the Federal Trade Commission Act (15 U.S.C. 57(c)) is amended by striking out "$46,000,000" and inserting in lieu thereof "$47,091,000". SEC. 2. Section 202(d) of the Magnuson-Moss Warranty—Federal 15 USC 57a note. Trade Commission Improvement Act is amended by striking out "18 months after the date of enactment of this Act" and inserting in lieu thereof "July 5, 1978". Approved May 29, 1976.

LEGISLATIVE HISTORY; HOUSE REPORT No. 94-1104 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-701 accompanying S. 2935 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. May 19, considered and passed Senate, amended. May 21, House concurred in Senate amendments.

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 PUBLIC LAW 94-300—MAY 29, 1976

90 STAT. 589

Public Law 94-300 94th Congress An Act To authorize and direct the Administrator of General Services to convey certain land in Cambridge, Massachusetts, to the Commonwealth of Massachusetts.

May 29. 1976 [S. 3399]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Admin- Commonwealth istrator of General Services is authorized and directed to convey to of Massachusetts. the Commonwealth of Massachusetts, without consideration and by Land conquitclaim deed, all right, title, and interest of the United States in veyance. and to that certain tract of land, situated in Cambridge, Massachusetts, which was conveyed to the United States, by the Commonwealth of Massachusetts, as a gift on behalf of its people in order to provide a site for the Presidential archival depository of the J o h n Fitzgerald Kennedy L i b r a r y, by a deed dated January 24, 1968, and recorded with the Middlesex, Massachusetts, Southern District Registry of Deeds in book 11467 at page 668. Approved May 29, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1182 accompanying H.R. 12339 (Comm. on Government Operations). SENATE REPORT No. 94-840 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed Senate. May 20, considered and passed House, in lieu of H.R. 12339.

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 90 STAT. 590

PUBLIC LAW 94-301—MAY 31, 1976

Public Law 94-301 94th Congress An Act May 31, 1976 [H.R. 5272] Noise Control Act of 1972, appropriation authorization.

To amend the Noise Control Act of 1972 to authorize additional appropriations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (g) of section 15 of the Noise Control Act of 1972 (42 U.S.C. 4914(g)) is amended by striking out the period at the end thereof and substituting a comma and the lollowing: "$2,200,000 for the fiscal year ending June 30, 1976, $550,000 for the transition period of July 1, 1976, through September 30, 1976, and $2,420,000 for the fiscal year ending September 30, 1977.". SEC. 2. Section 19 of the Noise Control Act of 1972 (42 U.S.C. 4918) is amended by striking out "and" and by inserting immediately before the period at the end thereof the following: "; $11,090,000 for the fiscal year ending June 30, 1976; $2,772,500 for the transition period of July 1, 1976, through September 30, 1976; and $12,199,000 for the fiscal year ending September 30, 1977; except that no part of any amount appropriated pursuant to this section or section 15 for any period after the fiscal year ending June 30, 1975, shall be available for research or development". Approved May 31, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-179 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-481 (Comm. on Public Works). CONGRESSIONAL RECORD: Vol. 121 (1975): July 29, considered and passed House. Dec. 1, considered and passed Senate, amended. Vol. 122 (1976): May 20, Senate receded from its amendments.

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 90 STAT. 5 9 1

PUBLIC LAW 9 4 - 3 0 2 — M A Y 31, 1976

Public Law 94- 302 94th Congress An Act To provide for increased participation by the United States in the Inter-American Development Banlj, to provide for the entry of nonregional members and the Bahamas and Guyana in the Inter-American Development Bank, to provide for the participation of the United States in the African Development Fund, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

May 31, 1976 [H.R. 9721] '

of the

TITLE I—INTER-AMERICAN DEVELOPMENT BANK

Inter-American Development Bank and the African Development Fund, increased U.S. participation. Swine influenza, control. 22 USC 283w.

SEC. 101. The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended by adding at the end thereof the following new sections: " SEC. 26. (a) The United States Governor of the Bank is hereby authorized to vote in favor of two resolutions proposed by the Governors at a special meeting in July 1975, and now pending before the Board of Governors of the Bank, which provide for (1) an increase in the authorized capital stock of the B a n k and additional subscriptions of members thereto and (2) an increase in the resources of the F u n d for Special Operations and contributions thereto. Upon adoption of such resolutions, the United States Governor is authorized to agree on behalf of the United States (1) to subscribe to ninety-nine thousand four hundred and seventy-four shares of $10,000 p a r value of the increase in the authorized capital stock of the Bank of which eighty-nine thousand five hundred and twenty-six shall be callable shares and nine thousand nine hundred and forty-eight shall be paid in and (2) to contribute to the F u n d for Special Operations $600,000,000, in accordance with and subject to the terms and conditions of such resolutions. " (b) There are hereby authorized to be appropriated, without fiscal Appropriation year limitation, the amounts necessary for payment by the Secretary authorization. of the Treasury of (1) $1,199,997,873 for the United States subscription to the capital stock of the Bank and (2) $600,000,000 for the United States share of the increase in the resources of the F u n d for Special Operations. " SEC. 27. (a) The United States Governor of the Bank is hereby 22 USC 283x. authorized to vote for an additional increase of one hundred and eight thousand shares of $10,000 p a r value in the authorized callable capital stock of the B a n k as recommended in the resolution of the Board of Governors entitled 'Increase of US$4 Billion in the Authorized Capital Stock and Subscriptions Thereto'. Upon adoption of a Board of Governors resolution increasing the authorized capital stock of the B a n k by such amount, the United States Governor is authorized to agree on behalf of the United States to subscribe to thirty-seven thousand three hundred and three shares of $10,000 p a r value of such additional increase in callable capital in accordance with and subject to the terms and conditions of such resolution.

89-194 O—78—pt. 1

41

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 90 STAT. 592 Appropriation authorization.

89 Stat. 22.

22 USC 283t. I, < ^ 22 USC 283u. \.

22 USC 283v.

22 USC 283y.

PUBLIC LAW 94-302—MAY 31, 1976 "(b) In order to pay for the increase in the United States subscript tion to the Bank provided for in this section, there is hereby authorized to be appropriated, without fiscal year limitation, $450,002,218 for payment by the Secretary of the Treasury.". SEC. 102. Under the center heading "INVESTMENT IN INTERAMERICAN DEVELOPMENT BANK" in title III of the Foreign Assistance and Related Programs Appropriations Act, 1975, strike out all that follows after "to remain available until expended" and insert in lieu thereof a period. SEC. 103. (a) The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended as follows: (1) By adding after section 22 the following new sections: "SEC. 23. The United States Governor of the Bank is authorized to vote for three proposed resolutions of the Board of Governors entitled (a) 'Amendments to the Agreement Establishing the Bank with respect to the Creation of the Inter-Regional Capital Stock of the Bank and to Related Matters', (b) 'General Rules Governing Admission of Nonregional Countries to Membership in the Bank', and (c) 'Increase in the Authorized Callable Ordinary Capital Stock and Subscriptions Thereto in Connection with the Admission of Nonregional Member Countries', which were submitted to the Board of Governors pursuant to a resolution of the Board of Executive Directors approved on March 4, 1975, "SEC. 24. The United States Governor of the Bank is authorized to agree to the amendments to article II, section 1(b) and article IV, section 3(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for membership for the Bahamas and Guyana in the Bank at such times and in accordance with such terms as the Bank may determine. "SEC. 25. The United States Governor of the Bank is authorized to agree to the amendments to article III, sections 1, 4, and 6(b) of the Agreement Establishing the Bank, as proposed by the Board of Executive Directors, to provide for lending to the Caribbean Development Bank. "SEC. 28. (a) The United States Executive Director of the Bank is authorized and directed to vote against any loan, any extension of financial assistance, or any technical assistance to any country which engages in a consistent pattern of gross violations of internationaly recognized human rights, including torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country. " (b) In determining whether this standard is being met with regard to activities of the Inter-American Development Bank, the Committee on Foreign Relations of the Senate or the House Committee on International Relations, or the House Committee on Banking, Currency and Housing, may require the United States Governor of the Bank to submit in writing information demonstrating that such loan or assistance will directly benefit those persons in such country to which such loan or assistance is supposed to be directed, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit such persons in such country. "(c) In determining whether or not a country falls within the provisions of subsection (a), the Senate Committee on Foreign Relations and the House Committee on International Relations and the House Committee on Banking, Currency and Housing shall give considera-

•;<•?•- 0 Hvf'-RS

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 PUBLIC LAW 94-302—MAY 31, 1976 tion to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationaly recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States,". (2) By inserting in the first sentence of section 5 after "article II, section 3" a comma and the words "or article IIA, section 2,"; and by inserting in the last sentence of section 5 after "article II, section 2," the words "or article IIA, section 1,". (3) By deleting in the first sentence of section 11(a) the word "ordinary"; by inserting in section 11(a) after the words "article II, section 5," the words "and article IIA, section 4,"; and by inserting in section 11(a) after the words "article II, section 4(a) (ii)," the words "or article IIA, section 3(c),". (b) The amendments made by paragraphs (2) and (3) of this section shall become effective upon approval by the Board of Governors of the Bank of the resolutions referred to in section 23 of the InterAmerican Development Bank Act (22 U.S.C. 283 et seq.). SEC. 104. The Inter-American Development Bank Act (22 U.S.C. 283 et seq.) is further amended by adding at the end thereof the following new section: "SEC. 29. (a) The United States Executive Director of the Bank shall propose to the Board of Executive Directors of the Bank the adoption of a resolution providing (1) that the development and utilization of light-capital or intermediate technologies should be accepted as major facets of the Bank's development strategy, and (2) that such light-capital or intermediate technologies should be developed and utilized as soon as possible in all Bank activities. Such resolution shall further provide that, by the close of the calendar year 1977, some projects that employ primarily such light-capital or intermediate technologies shall be designed and approved. "(b) The United States Governor of the Bank shall report to the Congress no later than six months after the date of the enactment of this section on the proposal made under subsection (a), and no later than twelve months after such date on the progress that has been made with respect to such proposal.".

90 STAT. 593

22 USC 283c.

22 USC 283h.

22 USC 283c note. Ante, p. 592.

22 USC 283z.

^'I'S V.

Report to - ' S' Congress.

African Development SEC. 201. This Title may be cited as the "African Development Fund Act. 22 USC 290g Fund Act". note. SEC. 202. The President is hereby authorized to accept participa- 22 USC 290g. tion for the United States in the African Development Fund (hereinafter referred to as the "Fund") provided for by the agreement establishing the Fund (hereinafter referred to as the "agreement") deposited in the Archives of the United Nations. SEC. 203. (a) The President, by and with the advice and consent Governor, of the Senate, shall appoint a Governor, and an Alternate Governor, appointment of the Fund. 22 USC 290g-l. (b) The Governor, or in his absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Fund. The Director representing the United States and his Alternate, if eompensation. they are citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits not exceeding those authorized for a Chief of Mission, class 2, within the meaning of the Foreign Service Act of 1946, as amended. 22 USC 801 noi:e. TITLE II—AFRICAN DEVELOPMENT FUND

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 90 STAT. 594 22 USC 290g-2.

PUBLIC LAW 94-302—MAY 31, 1976

SEC. 204. The provisions of section 4 of the Bretton Woods Agreements Act, as amended (22 U.S.C. 286b), shall apply with respect to the Fund to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund. Reports with respect to the Fund under paragraphs (5) and (6) of subsection 4 of said Act, as amended, shall be included in the first report made thereunder after the United States accepts participation in the Fund. 22 USC 290g-3. SEC. 205. Unless Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the United States: (a) agree to an increase in the subscription of the United States to the Fund; (b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would 'MS change the purpose or functions of the Fund; or (c) make a loan or provide other financing to the Fund, except that funds for technical assistance may be provided to the Fund by a United States agency created pursuant to an Act of Congress which is authorized by law to provide funds to international organizations. Appropriation SEC. 206. (a) There is hereby authorized to be appropriated without authorization. fiscal year limitation, as the United States subscription, $25,000,000 22 USC 290g-4. ^^ j^^ ^2Jid by the Secretary of the Treasury to the Fund in three annual installments of $9,000,000, $8,000,000, and $8,000,000. (b) Any repayment or distribution of moneys from the Fund to the United States shall be covered into the Treasury as a miscellaneous receipt. 22 USC 290g-5. SEC. 207. Any Federal Reserve bank which is requested to do so by the President shall act as a depository for the Fund, and the Board of Governors of the Federal Reserve System shall supervise and direct the carrying out of these functions by the Federal Reserve banks. 22 USC 290g-6. SEC. 208. For the purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Fund in accordance with the agreement, the Fund shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency appointed for the purpose of accepting service or notice of service is located, and any such action to which the Fund shall be party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in title 28, section 460, United States Code) shall have original jurisdiction of any such action. When the Fund is defendant in any action in a State court, it may, at any time before the trial thereof, remove such action into the district court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law. 22 USC 290g-7. SEC. 209. The agreement, including without limitation articles 41 through 50, shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon the acceptance of participation by the United States in, and the entry into force of, the Fund. The President, at the time of deposit of the instrument of acceptance of participation of the United States in the Fund, shall also deposit a declaration that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Fund to its citizens or nationals and may deposit a declaration providing for reservations on other matters set forth in article 58.

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 PUBLIC LAW 94-302—MAY 31, 1976

90 STAT. 595

SEC. 210. The President shall instruct the United States Governor 22 USC 290g-8. of the Fund to cause the Executive Director representing the United States in the Fund to cast the votes of the United States against any loan or other utilization of the funds of the Fund for the benefit of any country which has— (1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; (2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or (3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned; unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law. SEC. 211. (a) The United States Go\;ernor of the Fund is authorized 22 USC 290g-9. and directed to cause the Executive Director representing the United States to vote against any loan, any extension of financial assistance, or any technical assistance to any country which engages in a consistent pattern of gross violations of internationaly recognized human rights, including torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, and including providing refuge to individuals committing acts of international terrorism such as the hijacking of an aircraft, unless such assistance will directly benefit the needy people in such country. (b) In determining whether this standard is being met with regard to activities of the African Development Fund, the Committee on Foreign Relations of the Senate or the House Committee on International Relations, or the House Committee on Banking, Currency and Housing may require the United States Governor of the Bank to submit in writing information demonstrating that such loan or assistance will directly benefit those persons in such country to which such loan or assistance is supposed to be directed, together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of how such assistance will directly benefit such persons in such country. (c) In determining whether or not a country falls within the provisions of subsection (a), the Senate Committee on Foreign Relations and the House Committee on International Relations and the House Committee on Banking, Currency and Housing shall give consideration to the extent of cooperation of such country in permitting an unimpeded investigation of alleged violations of internationaly recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States.

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 90 STAT. 596

PUBLIC LAW 94-302—MAY 31, 1976 TITLE III—SWINE INFLUENZA

International cooperation and coordination. 22 USC 2101 note.

SEC. 301. (a) The Congress finds and declares that— (1) the problems posed by swine influenza transcend national and political boundaries; (2) no one country, or even one portion of the world, can singularly undertake the search for a worldwide solution to the problems posed by swine influenza; (3) the global nature of swine influenza demands international cooperation and coordination in the investigation and planning for effective control of swine influenza; (4) the Public Health Service of the United States has invited the World Health Organization of the United Nations and its International Influenza Reference Centers to participate in the investigation and planning for the control of swine influenza; (5) special collaboration has already been established among the United States, the United Kingdom, and Canada for mutusQ participation in the investigation and planning for the control of swine influenza; (6) the United States Department of State and the Public Health Service of the United States have joint programs to provide information to foreign countries on the nature and eirtent of swine influenza and the methods necessary to control it; and (7) the technology of the United States for the surveillance of virus disease and vaccine production should be made available to foreign countries. (b) It is the sense of the Congress that the President should furnish assistance to foreign countries and international organizations for the investigation and planning for the control of swine influenza. Approved May 31, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-541 (Comm. on Banking, Currency and Housing) and No. 94-1121 (Comm on Conference). SENATE REPORTS: No. 94-673 (Comm. on Foreign Relations) and No. 94-815 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 8, 9, considered and passed House. Vol. 122 (1976): Mar. 18, 30, considered and passed Senate, amended. May 11, Senate agreed to conference report. May 20, House agreed to conference report.

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 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 597

Public Law 94-303 94th Congress An Act Making supplemental appropriations for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.

June 1, 1976 [H.R. 13172]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following Second sums are appropriated out of any money in the Treasury not otherwise Supplemental appropriated to supply supplemental appropriations (this Act may Appropmtions be cited as the "Second Supplemental Appropriations Act, 1976") for " the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely: TITLE I CHAPTER I DEPARTMENT OF AGRICULTURE OrncE or

THE SECRETARY

For an additional amount for "OiRce of the Secretary", $41,000. For an additional amount for "Office of the Secretary", for the period July 1, 1976, through September 30, 1976, $10,000. OFFICE OF THE INSPECTOR GENERAL

For an additional amount for "Office of the Inspector General", $637,000, and in addition $372,000 shall be derived by transfer from the appropriation, "food stamp program" and merged with this appropriation. For an additional amount for "Office of the Inspector General", for the period July 1, 1976, through September 30, 1976, $159,000, and in addition $93,000 shall be derived by transfer from the appropriation, "food stamp program" and merged with this appropriation.

.-

ItV)

AGRICULTURAL RESEARCH SERVICE

For an additional amount for "Agricultural Research Service", $19,535,000. ANIMAL AND PLANT HEALTH INSPECTION SERVICE

For an additional amount for "Animal and Plant Health Inspection Service", $7,644,000. For an additional amount for "Animal and Plant Health Inspection Service", for the period July 1, 1976, through September 30, 1976, $2,161,000. STATISTICAL REPORTING SERVICE

For an additional amount for "Statistical Reporting Service", $532,000. For an additional amount for "Statistical Reporting Service", for the period July 1, 1976, through September 30, 1976, $133,000.

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 90 STAT. 598

PUBLIC LAW 94-303—JUNE 1, 1976 FEDERAL CROP INSURANCE CORPORATION LIMITATION ON ADMINISTRATIVE AND OPERATING EXPENSES

An additional amount not to exceed $1,025,000 of administrative and operating expenses may be paid from premium income. An additional amount not to exceed $69,000 of administrative and operating expenses, for the period July 1, 1976, through September 30, 1976, may be paid from premium income. SOIL CONSERVATION SERVICE CONSERVATION OPERATIONS

For an additional amount for "Conservation operations", $750,000. WATERSHED AND FLOOD PREVENTION OPERATIONS

For an additional amount for emergency measures for runoff retardation and soil-erosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701l>-l) $12,327,000, to remain available until expended. GREAT PLAINS CONSERVATION PROGRAM

For an additional amount for "Great Plains Conservation Program", $2,000,000. AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE AGRICULTURAL CONSERVATION PROGRAM

89 Stat. 660.

89 Stat. 641.

For an additional amount for "Agricultural conservation program", pursuant to the amount made avaflable in the second proviso under this heading in Public Law 94-122, $15,000,000. For an additional amount for "Agricultural conservation program", for the period July 1, 1976, through September 30, 1976, $85,000,000, to remain available until expended to liquidate obligations incurred under the program authorized in the Agriculture and Related Agencies Appropriation Act, 1976. FOOD AND NUTRITION SERVICE CHILD N U T R I T I O N

42 USC 1755.

PROGRAMS

For an additional amount for "Child nutrition programs", $234,151,000, to remain available until expended. For an additional amount for "Child nutrition programs", for the period July 1, 1976, through September 30, 1976, $419,500,000, to remain available until expended, and in addition, $20,000,000 shall be transferred to this appropriation from funds available under Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) for purchase and distribution of agricultural commodities and other foods pursuant to Section 6 of the National School Lunch Act, as amended. SPECIAL MILK PROGRAM

For an additional amount for "Special milk program" for the period July 1, 1976, through September 30, 1976, $24,000,000.

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 PUBLIC LAW 94-303—JUNE 1, 1976 FOOD STAMP PROGRAM

For an additional amount for the "Food Stamp Program" for the period July 1, 1976, through September 30, 1976, $200,000,000, to remain available until expended. RELATED AGENCIES DEPARTMENT OF H E A L T H, EDUCATION, AND WELFARE Tf

FOOD AND DRUG ADMINISTRATION

For an additional amount for "Salaries and expenses", for the period July 1, 1976, through September 30, 1976, $1,200,000. FARM CREDIT ADMINISTRATION LIMITATION ON ADMINISTRATIVE EXPENSES

The limitation on administrative expenses is increased by $410,000. CHAPTER II DEPARTMENT OF DEFENSE—MILITARY MILITARY PERSONNEL MILITARY PERSONNEL, ARMY

For an additional amount for "Military personnel. Army", $14,300,000. For an additional amount for "Military personnel, Army" for the period July 1, 1976, through September 30, 1976, $3,900,000. MILITARY PERSONNEL, NAVY

For an additional amount for "Military personnel. Navy", $16,800,000. For an additional amount for "Military personnel, Navy" for the period July 1, 1976, through September 30, 1976, $4,000,000. MILITARY PERSONNEL, MARINE CORPS

For an additional amount for "Military personnel, Marine Corps", $3,500,000. MILITARY PERSONNEL, AIR FORCE

For an additional amount for "Military personnel, Air Force", $6,200,000. For an additional amount for "Military personnel. Air Force" for the period July 1, 1976, through September 30, 1976, $1,540,000. R E T I R E D MILITARY PERSONNEL RETIRED PAY, DEFENSE

For an additional amount for "Retired pay. Defense", $440,400,000. For an additional amount for "Retired pay. Defense" for the period July 1, 1976, through September 30, 1976, $167,600,000.

90 STAT. 599

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 90 STAT. 600

PUBLIC LAW 94-303—JUNE 1, 1976 OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For an additional amount for "Operation and maintenance, Army", $6,000,000. For an additional amount for "Operation and maintenance. Army" for the period July 1, 1976, through September 30, 1976, $3,000,000. OPERATION AND MAINTENANCE, NAVY

For an additional amount for "Operation and maintenance. Navy", $3,800,000. For an additional amount for "Operation and maintenance. Navy" for the period July 1, 1976, through September 30, 1976, $1,900,000: Provided, That appropriations available to the Navy for Operations and Maintenance during the period July 1, 1975, through September 30, 1976, for the alteration, overhaul and repair of naval vessels shall be available in an amount not to exceed $1,872,438,000 for the performance of such work in Navy shipyards. OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for "Operation and maintenance. Marine Corps", $500,000. For an additional amount for "Operation and maintenance, Marine Corps" for the period July 1, 1976, through September 30, 1976, $200,000. OPERATION AND MAINTENANCE, AIK FORCE

For an additional amount for "Operation and maintenance. Air Force", $4,800,000. For an additional amount for "Operation and maintenance, Air Force" for the period July 1, 1976, through September 30, 1976, $2,400,000. OPERATION AND MAINTENANCE, DEFENSE AGENCIES

For an additional amount for "Operation and maintenance, Defense Agencies", as follows: for the Secretary of Defense activities, $258,000, of which $3,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services and $202,000 shall be available only for Overseas Dependent Education; for the Organization of the Joint Chiefs of Staff, $1,000; for the Office of Information for the Armed Forces, $6,000; for the Defense Contract Audit Agency, $133,000; for the Defense Investigative Service, $35,000; for the Defense Mapping Agency, $297,000; for the Defense Nuclear Agency, $12,000; for the Defense Supply Agency, $1,662,000; and for intelligence and communications activities, $596,000; in all: $3,000,000. For an additional amount for "Operation and maintenance. Defense Agencies" for the period July 1, 1976, through September 30, 1976, as follows: for the Secretary of Defense activities, $129,000, of which $2,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services and $101,000 shall be available only for Overseas Dependent Education; for the Office of Information for the Armed Forces, $3,000; for the Defense Contract Audit Agency,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/651

 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 601

$67,000; for the Defense Investigative Service, $18,000; for the Defense Mapping Agency, $154,000; for the Defense Nuclear Agency, $6,000; for the Defense Supply Agency, $815,000; and for intelligence and communications activities, $308,000; in all: $1,500,000. OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for "Operation and maintenance, Army Reserve", $600,000. For an additional amount for "Operation and maintenance, Army Reserve" for the period July 1, 1976, through September 30, 1976, $300,000. OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for "Operation and maintenance. Navy Reserve", $100,000. For an additional amount for "Operation and maintenance. Navy Reserve" for the period July 1, 1976, through September 30, 1976, $100,000. OPERATION AND MAINTENANCE, AIR FORCE RESERVE

i

For an additional amount for "Operation and maintenance. Air Force Reserve", $500,000. For an additional amount for "Operation and maintenance. Air Force Reserve" for the period July 1, 1976, through September 30, 1976, $200,000. OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for "Operation and maintenance. Army National Guard", $1,200,000. For an additional amount for "Operation and maintenance. Army National Guard" for the period July 1, 1976, through September 30, 1976, $600,000. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for "Operation and maintenance. Air National Guard", $1,100,000. For an additional amount for "Operation and maintenance, Air National Guard" for the period July 1, 1976, through September 30, 1976, $600,000. PROCUREMENT PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

Provided, That $365,600,000 of the funds appropriated under this heading for fiscal year 1976 in the Department of Defense Appropriation Act, 1976, shall be available only for the production of M60-series Ante, p. 153. tanks. Provided, That $150,900,000 of the funds appropriated under this heading for the period July 1, 1976, through September 30, 1976, in the Department of Defense Appropriation Act, 1976, shall be available only for the production of M60-series tanks. ^

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Page:United States Statutes at Large Volume 90 Part 1.djvu/652

 90 STAT. 602

PUBLIC LAW 94-303—JUNE 1, 1976 PROCUREMENT OF EQUIPMENT AND MISSILES, ARMY, 1971/1973 (LIQUIDATION OF DEFICIENCIES)

For an additional amount for "Procurement of e(][uipment and missiles, Army, 1971/1973," for liquidation of obligations incurred and chargeable to that account, $147,800,000, to be derived by transfer from "Procurement of ammunition. Army, 1975/1977," $118,000,000, from "Procurement of aircraft. Army, 1976/1978," $5,800,000, and from "Other procurement, Army, 1976/1978," $24,000,000. PROCUREMENT OF AMMUNITION, ARMY, 1973/1975 (LIQUIDATION OF DEFICIENCIES)

For an additional amount for "Procurement of ammunition. Army, 1973/1975," for liquidation of obligations incurred and chargeable to that account, to be derived by transfer from "Procurement of ammunition, Army, 1974/1976," $50,000,000. OTHER PROCUREMENT, ARMY, 1972/1974 (LIQUIDATION OF DEPICIENCIES)

For an additional amount for "Other procurement, Army, 1972/ 1974," for liquidation of obligations incurred and chargeable to that account, $17,200,000, to be derived by transfer from "Procurement of missiles. Army, 1976/1978," $9,800,000, and from "Procurement of weapons and tracked combat vehicles, Army, 1976/1978," $7,400,000. RESEARCH, DEVELOPMENT, T E S T AND EVALUATION RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for "Research, development, test and evaluation, Navy," $8,000,000, to remain available for obligation until September 30, 1977. CHAPTER III—FOREIGN OPERATIONS DEPARTMENT OF STATE UNITED STATES E M E R G E N C Y R E F U G E E A N D MIGRATION ASSISTANCE FUND

For expenses necessary to carry out the purposes of the United States Emergency Refugee and Migration Assistance Fund, $10,000,000, to remain available until expended. FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN A S S I S T A N C E INTERNATIONAL

22 USC 2412.

DISASTER

ASSISTANCE

For an additional amount for "International disaster assistance", $25,000,000, notwithstanding section 10 of Public Law 91-672.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/653

 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 603

INTERNATIONAL DEVELOPMENT ASSISTANCE MULTILATERAL

ASSISTANCE

P A Y M E N T TO INTERNATIONAL F U N D FOR AGRICULTURAL

DEVELOPMENT

For payment to the International Fund for Agricultural Development, as authorized by section 103(e) of the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain available until expended: 22 USC 2151a. Provided, That the funds made available in this paragraph shall not be obligated or expended until proper justification of the obligation or expenditure of such funds is provided to the Committees on Appropriations of the Senate and the House of Representatives. INTERNATIONAL FINANCIAL INSTITUTIONS INVESTMENT I N AFRICAN DEVELOPMENT F U N D

For payment by the Secretary of the Treasury of a United States contribution to the African Development Fund, $5,000,000, to remain available until expended: Provided, That this appropriation shall be available only upon enactment into law of authorizing legislation.

CHAPTER IV— DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS HOUSING FOR THE ELDERLY OR HANDICAPPED

The limitation on the aggregate loans that may be made through September 30, 1976, under section 202 of the Housing Act of 1959, as amended, is hereby increased by $375,000,000. 12 USC 1701q. MOBILE HOME STANDARDS PROGRAM

For necessary expenses, not otherwise provided for, to carry out the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426), to remain available until September 30, 1976, $1,000,000. FEDERAL HOUSING ADMINISTRATION

FUND

For reimbursement to the Federal Housing Administration Fund for losses incurred under the urban homesteading demonstration, $5,000,000, as authorized by Section 810 of the Housing and Community Development Act of 1974 (12 U.S.C. 1706e), to remain available until September 30, 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/654

 90 STAT. 604

PUBLIC LAW 94-303—JUNE 1, 1976 I N D E P E N D E N T AGENCIES EXECUTIVE OFFICE OP THE PRESIDENT OFFICE OF S C I E N C E AND TECHNOLOGY POLICY SALARIES AND EXPENSES

For expenses necessary for the Office of Science and Technology Policy, including services as authorized by 6 U.S.C. 3109, $500,000. For "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $500,000. VETERANS ADMINISTRATION T.

COMPENSATION AND PENSIONS

For an additional amount for "Compensation and pensions", $549,500,000, to remain available until expended. For an additional amount for "Compensation and pensions" for the period July 1, 1976, through September 30, 1976, $173,300,000, to remain available until expended. READJUSTMENT BENEFITS

For an additional amount for "Readjustment benefits", $600,000,000 to remain available until expended. For an additional amount for "Readjustment benefits" for the period July 1, 1976, through September 30, 1976, $120,000,000, to remain available until expended. MEDICAL CARE

For an additional amount for "Medical care", $108,390,000. For an additional amount for "Medical care" for the period July 1, 1976, through September 30, 1976, $31,235,000. GENERAL OPERATING EXPENSES

For an additional amount for "General operating expenses", $8,300,000. For an additional amount for "General operating expenses" for the period July 1, 1976, through September 30, 1976, $4,800,000. VOCATIONAL REHABILITATION REVOLVING F U N D

To increase the "Vocational Rehabilitation Revolving Fund" established by the Act of March 24, 1943, and continued by 38 U.S.C. 1507, $100,000. SUPPLY F U N D

For necessary expenses of the "Supply Fund" pursuant to Public Law 85-857, as amended (38 U.S.C. 5011), $110,000,000, of which $80,999,000 is for liquidation of contract authority and $29,001,000 is to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/655

 PUBLIC LAW 94-303—JUNE 1, 1976 FEDERAL HOME LOAN BANK. BOARD LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL HOME LOAN BANK BOARD

The limitation on nonadministrative expenses of the Federal Home Loan Bank Board is increased by an amount not to exceed $679,000. The limitation on nonadministrative expenses of the Federal Home Loan Bank Board for the period July 1, 1976, through September 30, 1976, is increased by an amount not to exceed $220,000. CHAPTER V DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES

For an additional amount for "Management of lands and resources", $23,010,000. For an additional amount for "Management of lands and resources" for the period July 1, 1976, through September 30, 1976, $530,000. CONSTRUCTION AND

MAINTENANCE

For an additional amount for "Construction and maintenance", $400,000, to remain available until expended. OFFICE OF WATER RESEARCH AND TECHNOLOGY SALARIES AND EXPENSES

Appropriations and funds available to the Office of Water Research and Technology shall be used to maintain a research and development program at the Wrightsville Beach, North Carolina and the Roswell, New Mexico test facilities during the period July 1, 1976, through September 30, 1976. BUREAU OF OUTDOOR RECREATION LAND AND WATER CONSERVATION FUND

For an additional amount from the "Land and Water Conservation Fund", $8,900,000, which shall be available to the National Park Service for land acquisition, to remain available until expended. UNITED STATES F I S H AND WILDLIFE SERVICE RESOURCE MANAGEMENT

For an additional amount for "Resource management", $267,000. CONSTRUCTION AND ANADROMOUS F I S H

For an additional amount for "Construction and anadromous fish", $1,605,000, to remain available until expended.

90 STAT. 605

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 90 STAT. 606

PUBLIC LAW 94-303—JUNE 1, 1976 NATIONAL P A R K SERVICE

A

OPERATION OP THE NATIONAL PARK SYSTEM

For an additional amount for "Operation of the national park system", $3,875,000. For an additional amount for "Operation of the national park system", for the period July 1, 1976, through September 30, 1976, $875,000. P L A N N I N G AND CONSTRUCTION

For an additional amount for "Planning and construction", $242,000, to remain available until expended. GEOLOGICAL SURVEY SURVEYS, I N V E S T I G A T I O N S, AND RESEARCH

For an additional amount for "Surveys, investigations, and research", $600,000. For an additional amount for "Surveys, investigations, and research", for the period July 1, 1976, through September 30, 1976, $175,000. MINING ENFORCEMENT AND SAFETY ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $3,090,000, including the purchase of not to exceed 230 passenger motor vehicles. BUREAU OP INDIAN AFFAIRS OPERATION OP INDIAN PROGRAMS

For an additional amount for "Operation of Indian programs", $13,250,000: Provided further, That within funds available for the operation of Bureau schools in Alaska^ such amounts as are necessary shall be used for repair and rehabilitation of the North Slope Borough School to bring the facility into conformance with life and safety code standards. CONSTRUCTION

For an additional amount for "Construction", $6,750,000, to remain available until expended. ROAD C O N S T R U C T I O N (LIQUIDATION OP CONTRACT AUTHORITY)

For an additional amount for "Road construction (Licjuidation of contract authority)", $10,000,000, to remain available until expended. MISCELLANEOUS APPROPRIATIONS ALASKA NATIVE F U N D

43 USC 1618 note.

For an additional amount for transfer to "Alaska Native Fund", $1,600,000, as authorized by Sec. 14. (d) of the Act of January 2, 1976 (P.L. 94-204).

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 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 607

OFFICE OF TERRITORIAL AFFAIRS ADMINISTRATION OP TERRITORIES

For an additional amount for "Administration of Territories", $5,740,000, to remain available until expended, for grants to American Samoa. TRUST TERRITORY OF THE PACIFIC ISLANDS

For an additional amount for "Trust Territory of the Pacific Islands," $9,134,000, to remain available until expended, of which not to exceed $1,500,000 shall be used to aid in the transition of the Mariana Islands district to a new commonwealth status as a territory of the United States pursuant to Public Law 94-27. 48 USC 1681 note. E E L A T E D AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST PROTECTION AND UTILIZATION

For an additional amount for "Forest protection and utilization", for "Forest land management", $115,997,000. For an additional amount for "Forest protection and utilization", for "Forest land management", for the period July 1, 1976, through September 30, 1976, $40,000,000.

ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION OPERATING EXPENSES, FOSSIL FUELS

For an additional amount for "Operating expenses, fossil fuels", $16,000,000, to remain available until expended. FEDERAL ENERGY ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $10,085,000. For an additional amount for "Salaries and expenses", for the period July 1, 1976, through September 30, 1976, $7,000,000: Provided, That this appropriation shall be available only upon enactment into law of authorizing legislation. STRATEGIC PETROLEUM RESERVE

For expenses necessary to carry out sections 151 through 166 of the Energy Policy and Conservation Act of 1975, $313,375,000, to remain 42 USC available until expended. 6231-6246. For "Strategic petroleum reserve" for the period July 1, 1976, through September 30, 1976, $600,000, to remain available until expended.

89-194 O—78—Dt. 1

42

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 90 STAT. 608

PUBLIC LAW 94-303—JUNE 1, 1976 DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH SERVICES ADMINISTRATION INDIAN HEALTH SERVICES

For an additional amount for "Indian health services", $3,000,000. INDIAN HEALTH FACILITIES

For an additional amount for "Indian health facilities", $250,000, to remain available until expended. SMITHSONIAN INSTITUTION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,665,000. For an additional amount for "Salaries and expenses", for the period July 1, 1976, through September 30, 1976, $149,000.

FUNDS APPKOPRIATED TO THE PKESIDENT PETROLEUM KESERVES

Ante, p. 303.

For expenses necessary to carry out section 201 of the Naval Petroleum Keserves Production Act of 1976, $24,152,000, to remain available until expended. For "Petroleum reserves" for the ^ r i o d July 1, 1976, through September 30, 1976, $15,350,000, to remain available until expended. CHAPTER VI DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

89 Stat. 826. 26 USC 3304 note.

Funds appropriated under this heading in the Supplemental Appropriations Act, 1976 (Public Law 94-157) shall be available for repayable loans to the Virgin Islands, as authorized by title III of the Emergency Compensation and Special Unemployment Assistance Extension Act of 1975. EMPLOYMENT STANDARDS ADMINISTRATION

'

,v

SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $260,000. For an additional amount for "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $445,000. DEPARTMENTAL MANAGEMENT SALARIES A N D

EXPENSES

For an additional amount for "Salaries and expenses", $5,060,000: Provided, That $5,000,000 shall remain available until September 30,

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text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/659

 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 609

1977 to carry out activities of the Mountain-Plains Family Education and Employment Program authorized by title III of the Comprehensive Employment and Training Act of 1973: Provided further, 29 USC 871. That the funds for the Mountain-Plains Family Education and Employment Program shall be transferred through the Old West Regional Commission. For an additional amount for "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $589,000.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH

SERVICES

i ^

ADMINISTRATION

HEALTH SERVICES

For an additional amount for "Health services" for carrying out, to the extent not otherwise provided, title V of the Social Security Act, for the period July 1, 1976, through September 30, 1976, 42 USC 701. $18,300,000. NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL H E A L T H SCIENCES

For an additional amount for "National Institute of Environmental Health Sciences" for the period July 1, 1976, through September 30, 1976, $1,000,000. ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION ALCOHOL, D R U G ABUSE, AND MENTAL H E A L T H

For an additional amount for "Alcohol, drug abuse, and mental ^ health" for carrying out the Drug Abuse Office and Treatment Act Amendments of 1976, $161,126,000. Ante, p. 241. ? For an additional amount for "Alcohol, drug abuse, and mental health" for carrying out, to the extent not otherwise provided, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1966, and the Drug Abuse Office and Treat- 42 USC 4551 ment Act Amendments of 1976, for the period July 1, 1976, through "^te. September 30, 1976, $32,690,000. SAINT ELIZABETHS HOSPITAL

For an additional amount for "Saint Elizabeths Hospital", $125,000. For an additional amount for "Saint Elizabeths Hospital" for the period July 1, 1976, through September 30, 1976, $1,007,000.

^ "^^

BUILDINGS AND FACILITIES

For an additional amount for "Buildings and facilities" for construction, alterations, extension, and equipment of buildings and facilities on the grounds of Saint Elizabeths Hospital, $5,200,000, to remain available until expended.

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text: User:StateOfAvon/A Survival of Torture

title: User:StateOfAvon/A Survival of Torture


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Page:United States Statutes at Large Volume 90 Part 1.djvu/660

 90 STAT. 610

PUBLIC LAW 94-303—JUNE 1, 1976 H E A L T H RESOURCES

ADMINISTRATION

HEALTH RESOURCES

42 USC 242c. 42 USC 299, 300k-l. Ante, p. 13. 42 USC SOOo. 42 USC 300Z-4

For an additional amount for "Health resources" $4,000,000 to remain available until expended for the construction of a medical facility under section 305(b)(3) of the Public Health Service Act without regard to the requirements of section 308. For carrying out titles IX and XV of the Public Health Service Act, $22,500,000, to be derived by transfer from funds appropriated under this head in Public Law 94-206 for carrying out title X VI of the Public Health Service Act: Provided, That $10,000,000 for carrying out title IX shall remain available until expended, notwithstanding the limitations of section 5(a)(2) of Public Law 93-641: Provided further, That the appropriation under this head in Public Law 94-206 for fiscal year 1976 is hereby amended by repealing the second proviso and by striking out "$100,000,000 for Title X VI " and inserting in lieu thereof "$51,760,000 for Title XVI." MEDICAL FACILITIES GUARANTEE AND LOAN F U N D

The total principal amount of loans to be guaranteed or directly made, which may be allotted among the States pursuant to Titles VI and X VI of the Public Health Service Act shall not exceed a cumulative amount of $1,500,000,000. OFFICE OF EDUCATION ELEMENTARY AND SECONDARY EDUCATION

20 USC 1901. 20 USC 880b-7. 20 USC 246.

For an additional amount for "Elementary and secondary education", $8,000,000, to remain available through September 30, 1976, for carrying out Title VII of the Education Amendments of 1974 ($6,800,000) and section 721(b)(3) of the Elementary and Secondary Education Act ($1,200,000). For an additional amount for "Elementary and secondary education" to carry out section 842 of Public Law 93-380 for the period July 1, 1976, through September 30, 1976, $3,000,000. SCHOOL ASSISTANCE I N FEDERALLY AFFECTED AREAS

29 USC 238. 89 Stat. 468.

20 USC 241.

For an additional amount for "School assistance in Federally aflPected areas", $24,000,000, to remain available until expended only for payments under subparagraphs (A), (B), (C), and (D) of section 305 of the Education Amendments of 1974. Funds appropriated under this heading in the Education Division and Related Agencies Appropriation Act, 1976. Funds appropriated under this heading in that Appropriation Act for the period July 1, 1976, through September 30, 1976, shall be available only for payments under section 6 of title I of the Act of September 30, 1950 (not to exceed $15,000,000), for the period July 1, 1976, through September 30, 1976, and for payments under subparagraphs (A), (B), (C), and (D) of section 305 of the Education Amendments of 1974 for the fiscal year ending June 30, 1976. EMERGENCY SCHOOL AID

20 USC 1607.

For an additional amount to carry out the provisions of Section 708 (a) of the Emergency School Aid Act, to assist school districts which

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Page:United States Statutes at Large Volume 90 Part 1.djvu/661

 PUBLIC LAW 94-303—JUNE 1, 1976

90 STAT. 611

have adopted desegregation plans described in Section 706(a)(1)(A) and (B) of the Act, $30,000,000, to remain available through Septem- 20 USC 1605. ber 30, 1976. For an additional amount for "Emergency school aid" to carry out section 708(a) of the Emergency School Aid Act for the period 20 USC 1607. July 1, 1976, through September 30, 1976, $3,000,000. EDUCATION FOR THE HANDICAPPED

For an additional amount for "Education for the handicapped" to carry out part B of the Education of the Handicapped Act, 20 USC 1401 $90,000,000. °o»«H I G H E R EDUCATION

For an additional amount for "Higher education", $791,750,000, of which $791,000,000 shall be for basic educational opportunity grants authorized by title IV, part A, subpart 1 of the Higher Education Act, to remain available until September 30, 1977, and $750,000 shall 20 USC 1061. be for section 966 of the Higher Education Act. 20 USC 1134r-l. For an additional amount for "Higher education" for the period July 1, 1976 through September 30, 1976, $1,000,000. LIBRARY RESOURCES

For an additional amount for "Library resources" to carry out titles I and III of the Library Services and Construction Act for the 20 USC 352, period July 1, 1976, through September 30, 1976, $12,937,000. 355e. SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $1,575,000. For an additional amount for "Salaries and expenses" for the period July 1, 1976, through September 30, 1976, $635,000. SOCIAL AND REHABILITATION SERVICE PUBLIC

ASSISTANCE

For an additional amount for "Public assistance", $2,237,000,000. For an additional amount for "Public assistance" for the period July 1, 1976, through September 30, 1976, $440,500,000. SPECIAL INSTITUTIONS GALLAUDET COLLEGE

For an additional amount for "Gallaudet College", $396,000. For an additional amount for "Gallaudet College" for the period July 1, 1976, through September 30, 1976, $135,000. HOWARD

UNIVERSITY

For an additional amount for "Howard University", $2,400,000. For an additional amount for "Howard University" for the period July 1, 1976, through September 30, 1976, $900,000.

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 90 STAT. 612

PUBLIC LAW 94-303—JUNE 1, 1976 ASSISTANT SECRETARY TOR HUMAN DEVELOPMENT HUMAN DEVELOPMENT

42 USC 3001 note29 USC 774.

42 USC 3041.

To carry out, except as otherwise provided, the Older Americans Act, and the Rehabilitation Act of 1973, $146,975,000 of which $2,465,000 under section 304(b)(3) of the Rehabilitation Act shall remain available until expended. For an additional amount for "Human development" for the period July 1, 1976, through September 30, 1976, $50,150,000, of which $5,000,000 shall be available for carrying out title V of the Older Americans Act. RELATED AGENCIES CORPORATION FOR PUBLIC BROADCASTING PUBLIC BROADCASTING FUND

For payment to the Corporation for Public Broadcasting, as author47 USC 396 note, ized by the Public Broadcasting Financing Act of 1975, an amount which shall be available within limitations specified by said Act, for the fiscal year 1976, $78,500,000. For payment to the Corporation for Public Broadcasting for the period July 1, 1976, through September 30, 1976, $17,500,000. CHAPTER VII LEGISLATIVE BRANCH SENATE SALARIES, OFFICERS AND EMPLOYEES LEGISLATIVE ASSISTANCE TO SENATORS

For an additional amount for "Legislative Assistance to Senators" for the period July 1, 1976, through September 30, 1976, $225,000. OFFICE OF SERGEANT AT ARMS AND DOORKEEPER

For an additional amount for "Office of Sergeant at Arms and Doorkeeper", $127,805: Provided, That, effective May 1, 1976, the Sergeant at Arms and Doorkeeper may appoint and fix the compensation of an Executive Secretary at not to exceed $22,260 per annum; a Special Assistant at not to exceed $22,260 per annum; a Floor Assistant at not to exceed $17,172 per annum in lieu of an Assistant Doorkeeper at not to exceed $17,172 per annum; two Floor Assistants at not to exceed $16,059 per annum each; an Assistant Operations Manager at not to exceed $23,214 per annum; four Systems Analysts at not to exceed $23,214 per annum each in lieu of three Systems Analysts at not to exceed $23,214 per annum each; seven Office Systems Specialists at not to exceed $15,582 per annum each; two Training Specialists at not to exceed $23,214 per annum each; five Senior Computer Specialists at not to exceed $27,030 per annum each in lieu of four Senior Computer Specialists at not to exceed $27,030 per annum each; eight Senior Programmer Analysts at not to exceed $25,122 per annum each in lieu of seven Senior Programmer Analysts at not to exceed $25,122

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Page:United States Statutes at Large Volume 90 Part 1.djvu/663

 PUBLIC LAW 94-303—JUNE 1, 1976 per annum each; thirteen Programmer Analysts at not to exceed $23,214 per annum each in lieu of eight Programmer Analysts at not to exceed $23,214 per annum each; six Systems Programmers at not to exceed $23,214 per annum each in lieu of five Systems Programmers at not to exceed $23,214 per annum each; a Network Technician at not to exceed $20,352 per annum; two Secretaries at not to exceed $13,992 per annum each in lieu of a Secretary at not to exceed $13,992 per annum; a Network Supervisor at not to exceed $29,892 per annum; three Senior Job Controllers at not to exceed $20,034 per annum each in lieu of a Job Controller at not to exceed $15,582 per annum and an Applications Programmer at not to exceed $20,034 per annum; four Operations Clerks at not to exceed $11,766 per annum each; two Keypunch Operators at not to exceed $10,971 per annum each in lieu of a Keypunch Operator at not to exceed $8,586 per annum; an Operations Scheduler at not to exceed $20,034 per annum; two Data Standards Specialists at not to exceed $20,034 per annum each; three Computer Shift Supervisors at not to exceed $16,059 per annum each; a Data Conversion Operator at not to exceed $10,017 per annum; a Tape Librarian at not to exceed $13,038 per annum; six Lead Operators at not to exceed $14,628 per annum each in lieu of three Support Operators at not to exceed $14,628 per annum each, a ProgrammerOperator at not to exceed $14,310 per annum, an Operator at not to exceed $14,628 per annum, and an Operator at not to exceed $13,674 per annum; an Operations Clerk at not to exceed $11,766 per annum in lieu of a Systems Clerk at not to exceed $11,766 per annum; five Junior Operators at not to exceed $13,038 per annum each in lieu of four Operators at not to exceed $13,038 per annum each; an Operations Manager at not to exceed $27,666 per annum in lieu of a Manager Programmer at not to exceed $27,666 per annum; a Hardware Services Supervisor at not to exceed $17,808 per annum in lieu of a Supervisor Operator at not to exceed $17,808 per annum; and a Garage Foreman at not to exceed $14,628 per annum in lieu of a Stockroom Clerk at not to exceed $12,720 per annum. For an additional amount for "Office of Sergeant at Arms and Doorkeeper" for the period July 1, 1976, through September 30, 1976, $191,705.

90 STAT. 613

AGENCY CONTRIBUTIONS AND LONGEVITY COMPENSATION

For an additional amount for "Agency Contributions and Longevity Compensation" for the period July 1, 1976, through SeptemW 30, 1976, $86,250. CONTINGENT EXPENSES OF THE SENATE SENATE P O L I C Y COMMITTEES

For an additional amount for "Senate Policy Committees" for the period July 1, 1976, through September 30, 1976, $625. AUTOMOBILES AND MAINTENANCE

For an additional amount for "Automobiles and Maintenance", $6,000. For an additional amount for "Automobiles and Maintenance" for the period July 1, 1976, through September 30, 1976, $1,250.

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