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thereof, considering the impact on both energy for fuel and energy as feed stock for industry. (c) Such analyses shall, wherever possible, be made explicit, and to the extent possible, other Federal agencies and agencies of State and local governments which have special knowledge and expertise relevant to the impact of proposed regulatory or other actions shall be consulted in making the analyses, and all Federal agencies are authorized and directed to cooperate with the Administrator in preparing such analyses: Provided, That the Administrator's actions pursuant to this section shall not create any right of review or cause of action except as would otherwise exist under other provisions of law. (d) The Administrator, together with the Secretaries of Labor and Commerce, shall monitor the economic impact of any energy actions taken by the Administrator, and shall provide the Congress with a report every six months on the impact of the energy shortage and the Administrator's actions on employment and the economy. Such report shall contain recommendations as to whether additional Federal programs of employment and economic assistance should be put into effect to minimize the impact of the energy shortage and any actions taken. (e) The Administrator shall formulate and implement regulatory and other actions in a manner (1) which does not unduly discriminate against any industry or any region of the United States; and (2) designed to insure that, to the greatest extent possible, the costs and burdens of meeting energy shortages shall be borne equally by every sector and segment of the country and of the economy.

111

Energy a c t i o n s, economic impact, monitors. Report to Congress.

M A N A G E M E N T OVERSIGHT REVIEW

SEC. 19. The Administrator may, for a period not to exceed thirty days in any one calendar year, provide for the exercise or performance of a management oversight review with respect to the conduct of any Federal or State (with consent of the Governor) energy program conducted pursuant to this Act. Such review may be conducted by contract or by any Federal department or agency. A written report shall be submitted to the Administrator concerning the findings of the review.

15 USC 778.

Report to Administrator.

COORDINATION W I T H, AND T E C H N I C A L ASSISTANCE TO, STATE GOVERNMENTS

SEC. 20. (a) The Administrator shall— (1) coordinate Federal energy programs and policies with such programs and policies of State governments by providing— (A) within sixty days of the effective date of this Act, the Congress and State governments with a report on the manner in which he has organized the Administration based upon the functions delegated by the President or assigned to the Administrator by this Act or under the authority of other Acts; and (B) within one hundred and twenty days of the effective date of this Act, the public, State governments, and all Members of the Congress with a report in nontechnical language which— (i) describes the functions performed by the Administration; (ii) sets forth in detail the organization of the Administration, the location of its offices (including regional. State, and local offices), the names and phone numbers of Administration officials, and other appropriate information concerning the operation of the Administration;

15 USC 779.

Report to Congress and State governments.

Report to the p u b l i c. State governments and Congress.

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text: Dictionary of National Biography, 1885-1900/Bandinel, James

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


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Energy shortages, status reports.

Information clearinghouse.

Technical assistance.

Conferences.

Model legislation. Grant criteria.

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[88 SxATi

(iii) delineates the role that State, and Federal governments will or may perform in achieving the purposes of this Act; and (iv) provides the public with a clear understanding of their duties and obligations, rights, and responsibilities under any of the programs or functions of the Administration; (2) before promulgating any rules, regulations, or policies, and before establishing any programs under the authority of this Act, provide, where practicable, a reasonable period in which State governments may provide written comments if such rules, regulations, policies, or programs substantially affect the authority or responsibility of such State governments; (3) provide, in accordance with the provisions of this Act, upon request, to State governments all relevant information he possesses concerning the status and impact of energy shortages, the extent and location of available supplies and shortages of crude oil, petroleum products, natural gas, and coal, within the distribution area serving that particular State government; and (4) provide for a central clearinghouse for Federal agencies and State governments seeking energy information and assistance from the Federal Government. (b) Pursuant to his responsibility under this section, the Administrator shall— (1) provide technical assistance—including advice and consultation relating to State programs, and, where necessary, the use of task forces of public officials and private persons assigned to work with State governments—to assist State governments in dealing with energy problems and shortages and their impact and in the development of plans, programs, and policies to meet the problems and shortages so identified; (2) convene conferences of State and Federal officials, and such other persons as the Administrator designates, to promote the purposes of this Act, and the Administrator is authorized to pay reasonable expenses incurred in the participation of individuals hi such conferences; (3) draft and make available to State governments model legislation with respect to State energy programs and policies; and (4) promote the promulgation of uniform criteria, procedures, and forms for grant or contract applications for energy proposals submitted by State governments. OFFICE OF PRIVATE GRIEVANCES A N D REDRESS

Establishment. 15 USC 780.

Report to Congress.

SEC. 21. (a) The Administrator shall establish and maintain an Office of Private Grievances and Redress, headed by a director, to receive and evaluate petitions filed in accordance with subsection (b) of this section, and to make recommendations to the Administrator for appropriate action. (b) Any person, adversely affected by any order, rule, or regulation issued by the Administrator in carrying out the functions assigned to him under this Act, may petition the Administrator for special redress, relief, or other extraordinary assistance, apart from, or in addition to, any right or privilege to iseek redress of grievances provided in section Y. (c) The Administrator shall report quarterly to the Congress on the nature and number of the grievances which have been filed, and the

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action taken and relief provided, pursuant to this section; and he shall make recommendations to the Congress from time to time concerning legislative or administrative actions which may be taken to better assist persons adversely affected by the energy shortages and to distribute more equitably the burdens resulting from any measures adopted, or actions taken, by him.

Recommendations to Congress.

COMPREHENSIVE ENERGY PLAN

SEC. 22. (a) Pursuant and subject to the provisions and procedures set forth in this Act, the Administrator shall, within six months from the date of the enactment of this Act, develop and report to the Congress and the President a comprehensive plan designed to alleviate the energy shortage, for the time period covered by this Act. Such plan shall be accompanied by full analytical justification for the actions proposed therein. Such analysis shall include, but not be limited to— (1) estimates of the energy savings of each action and of the program as a whole; (2) estimates of any windfall losses and gains to be experienced by corporations, industries, and citizens grouped by socioeconomic class; (3) estimates of the impact on supplies and consumption of energy forms consequent to such price changes as are or may be proposed; and (4) a description of alternative actions which the Administrator has considered together with a rationale in explanation of the rejection of any such alternatives in preference to the measures actually proposed. (b) The Administrator may, from time to time, modify or otherwise iilter any such plan, except that, upon request of an appropriate committee of the Congress, the Administrator shall supply analytical justifications for any such alterations. (c) The Administrator shall be responsible for monitoring any such plans as are implemented with respect to their effectiveness in achieving the anticipated benefits.

Report to President and Congress. 15 USC 781.

PETROCHEMICAL REPORT

SEC. 23. (a) Within ninety days after he has entered upon the office of Administrator or has been designated by the President to act in such office, the Administrator, or acting Administrator, as the case may be, with the assistance of the Department of Commerce, the Cost of Living Council, and the United States Tariff Commission shall, by written report, inform the Congress as to the— (1) effect of current petrochemical prices upon the current level of petrochemical exports, and export levels expected for 1975; (2) effect of ciirrent and expected 1975 petrochemical export levels upon domestic petrochemical raw materials and products available to petrochemical producers, converters, and fabricators currently and in 1975; (3) current contribution of petrochemical imports to domestic supplies and the expected contribution in 1975; (4) anticipated economic effects of current and expected 1975 levels of domestic supplies of petrochemicals upon domestic producers, converters, and fabricators of petrochemical raw materials and products; and (5) exact nature, extent, and sources of data and other information available to the Federal Government regarding the matters

Report to Congress^ 15 USC 782.

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'Petrochemical.'

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[88 STAT.

set forth in paragraphs (1) through (4) of this subsection, including the exact nature, extent, and sources of such data and information utilized in connection with the report required by this subsection. (b) As used in this section, the term "petrochemical" includes organic chemicals, cyclic intermediates, plastics and resins, synthetic fibers, elastomers, organic dyes, organic pigments, detergents, surface active agents, carbon black and ammonia. HYDROELECTRIC GENERATING FACILITIES

15 USC 783.

Lists, transmittal to Congress,

SEC. 24. Within ninety days of the effective date of this Act, the Administrator of the Federal Energy Administration, in consultation with the Secretary of the Interior and the Secretary of the Army, shall— (1) transmit to the Congress— (A) a list of hydroelectric generating facilities and electric power transmission facilities which have been authorized for construction by the Congress and which are not yet completed, and (B) a list of opportunities to increase the capacity of existing hydroelectric generating facilities, and (2) provide, for each such facility which is listed— (A) a construction schedule and cost estimates for an expedited construction program which would make the facility available for service at the earliest practicable date, and (B) a statement of the accomplishments which could be provided by the expedited completion of each facility and a statement of any funds which have been appropriated but not yet obligated. INFORMATION CONCERNING TRANSACTION, SALE, EXCHANGE OR SHIPMENT INVOLVING THE EXPORT FROM THE UNITED STATES TO A FOREIGN NATION OF COAL AND ANY REFINED PETROLEUM PRODUCT

File maintenance. 15 USC 784.

SEC. 25. (a) The Administrator is authorized and directed to establish and maintain a file which shall contain information concerning every transaction, sale, exchange or shipment involving the export from the United States to a foreign nation of coal, crude oil, residual oil or any refined petroleum product. Information to be included in the file shall be current and shall include, but shall not be limited to, the name of the exporter (including the name or names of the holders of any beneficial interests), the volume and type of product involved in the export transaction, the manner of shipment and identification of the vessel or carrier, the destination, the name of the purchaser if a sale, exchange or other transaction is involved, and a statement of reasons justifying the export. (b) Upon request of any committee of Congress or the head of any Federal agency, the Administrator shall promptly provide any information maintained in the file and a report thereon to such committee, or agency head, except where the President finds such disclosure to be detrimental to national security. (c) Notwithstanding any other provision of law, any Federal agency which collects or has information relevant to the functions required by this section shall make such information available to the Administrator.

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FOREIGN OWNERSHIP

SEC. 26. The Administrator shall conduct a comprehensive review of foreign ownership of, influence on, and control of domestic energy sources and supplies. Such review shall draw upon existing information, where available, and any independent investigation necessary by the Administration. The Administrator shall, on or before the expiration of the one hundred and eighty day period following the effective date of this Act, report to the Congress in sufficient detail so as to apprise the Congress as to the extent and forms of such foreign ownership of, influence on, and control of domestic energy sources and supplies, and shall thereafter continue to monitor such ownership, influence and control.

Review. 15 USC 785.

Report to Congress.

SEPARABILITY 15 SEC. 27. If any provision of this Act, or the application thereof to ^^^^ u s e any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

761

REVERSION"

SEC. 28. Upon the termination of this Act, any functions or personnel transferred by this Act shall revert to the department, agency, or office from which they were transferred. An officer or employee of the Federal Government who is appointed, without break in service of one or more workdays, to any position for carrying out functions under this Act is entitled, upon separation from such position other than for cause, to reemployment in the position occupied at the time of appointment, or in a position of comparable grade and salary.

IS u s e 786.

AUTHORIZATION OF APPROPRIATIONS

SEC. 29. There are hereby authorized to be appropriated to the „otf,^^^ ^^^ Administrator, to remain available until expended, $75,000,000 for fiscal year 1974, and $200,000,000 annually for each of fiscal years 1975 and 1976 to carry out the purposes of this Act. EFFECTIVE DATE; TERMINATION DATE

SEC. 30. This Act shall become effective sixty days after the date of enactment or sooner if the President publishes notice in the Federal Register. This Act shall terminate June 30, 1976. Approved May 7, 1974.

15 USC 761 note.

Public Law 93-276 AN ACT To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

May 10, 1974 [s.3292]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Atomic Energy SEC. 101. There is hereby authorized to be appropriated to the T^ropr^ation Atomic Energy Commission in accordance with the provisions of sec- authorization. tion 261 of the Atomic Energy Act of 1954, as amended: 42 USC 2017.

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 A fairly well preserved genital appendage of a female  [ pl. 44] has been observed by us. It is clearly built on the type of that of Eurypterus in showing the two invaginated median lobes with their bifid extremities. The organ was also, as in Eurypterus, of relatively large size.

The genital appendages of Stylonurus are not known.

The, second sternite has also been found to bear a genital appendage in the females of Eurypterus, Hughmilleria and Dolichopterus. In Eurypterus it consists of one short unpaired proximal and two long awl-shaped distal pieces, the whole being covered by the opercular appendage. In Dolichopterus we have seen the impression of two similar slender terminal pieces between the shorter hornlike terminal pieces of the opercular appendage, and therefore feel sure that it possessed an appendage of the second sternite like that of Eurypterus. In Hughmilleria the appendage of the second sternite has been fully described and figured by Sarle [op. cit. pl. 62, fig. 9, 10]. It is small and attenuate with a triangular base.

Probably the second sternite of the female was also furnished with a small appendage in some of the other genera where it has thus far escaped observation.

From present evidence it may be stated as a general proposition that there are two lines of development of the genital appendages of the operculum in the eurypterids, those of the Pterygotus group and those of the Eurypterus group. In the first, the appendage is composed of but one unpaired lobe, which may become more or less elaborated, as in Slimonia. In the second group two unpaired and two paired lobes are developed.

There is little known as to the genital openings in the eurypterids. Woodward has figured [1872, p. 117, fig. 36] small openings on round tubercles on the basal triangular areas of the opercular appendages in Slimonia, which he considers as ovarian openings. Laurie, however, has not mentioned or figured these openings in his investigation of Slimonia [1893] and their presence seems open to doubt, especially since no homologous apertures have been seen in the other genera. Neither have


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[88 STAT.

(a) For "Operating expenses", $2,551,533,000 not to exceed $132,200,000 in operating costs for the high-energy physics program category. (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: Cl) NUCLEAR MATERIALS.—

Project 75-1-a, additional facilities, high-level waste handling and storage. Savannah River, South Carolina, $30,000,000. Project 75-1-b, replacement ventilation air filter, H chemical separations area. Savannah River, South Carolina, $6,000,000. Project 75-1-c, new waste calcining facility, Idaho Chemical Processsing Plant, National Reactor Testing Station, Idaho, $20,000,000. Project 75-1-d, Waste management effluent control, Richland, Washington, $3,500,000. Project 75-1-e, retooling of component preparation laboratories, multiple sites, $4,500,000. Project 75-1-f, atmospheric pollution control facilities, stoker fired boilers. Savannah River, South Carolina, $7,500,000. (2)

NUCLEAR MATERIALS.—

Project 75-2-a, additional cooling tower capacity, gaseous diffusion plant, Portsmouth, Ohio, $2,200,000. (3)

WEAPONS.—

Project 75-3-a, weapons production, development, and test installations, $10,000,000. Project 75-3-b, high energy laser facility, Los Alamos Scientific Laboratory, New jMexico, $22,600,000. Project 75-3-c, T R I D E N T production facilities, various locations, $22,200,000. Project 75-3-d, consolidation of final assembly plants, Pantex, Amarillo, Texas, $4,500,000. Project 75-3-e, addition to building 350 for safeguards analytical laboratory, Argonne National Laboratory, Illinois, $3,500,000. (4)

WEAPONS.—

Project 75-4—a, technical support relocation, Los Alamos Scientific Laboratory, New Mexico, $2,800,000. (5)

CIVILIAN

REACTOR RESEARCH AND DEVELOPMENT.—

Project 75-5-a, transient test facility, Santa Susana, California, $4,000,000. Project 75-5-b, advanced test reactor control system upgrading, National Reactor Testing Station, Idaho, $2,400,000. Project 75-5-c, test reactor area water recycle and pollution control facilities. National Reactor Testing Station, Idaho, $1,000,000. Project 75-5-d, modifications to reactors, $4,000,000. Project 75-5-e, high temperature gas reactor fuel reprocessing facility. National Reactor Testing Station, Idaho, $10,100,000. Project 75-5-f, high temperature gas reactor fuel refabrication pilot plant, Oak Ridge National Laboratory, Tennessee, $3,000,000. Project 75-5-g, molten salt breeder reactor (preliminary planning preparatory to possible future demonstration project), $1,500,000.

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PHYSICAL RESEARCH.—

Project 75-6-a, accelerator and reactor improvements and modifications, $3,000,000. Project 75-6-b, heavy ion research facilities, various locations, $19,200,000. Project 75-6-c, positron-electron joint project, Lawrence Berkeley Laboratory and Stanford Linear Accelerator Center, $900,000. (7)

BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND SAFETY.—

Project 75-7-a, upgrading of laboratory facilities. Oak Ridge National Laboratory, Tennessee, $2,100,000. Project 75-7-b, environmental research laboratory. Savannah River, South Carolina, $2,000,000. Project 75-7-c, intermediate-level waste management facilities, Oak Ridge National Laboratory, Tennessee, $9,500,000. Project 75-7-d, modifications and additions to biomedical and environmental research facilities, $2,850,000. (8)

BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND SAFETY.—

Project 75-8-a, environmental sciences laboratory. Oak Ridge National Laboratory, Tennessee, $8,800,000. (9) GENERAL PLANT PROJECTS.—$55,650,000. (10) CONSTRUCTION PLANNING AND DESIGN.—$2,000,000. (11) CAPITAL EQUIPMENT.—Acquisition and fabrication of capital

,:

-•.

equipment not related to construction, $208,850,000. (12)

REACTOR SAFETY RESEARCH.—

Project 75-12-a, reactor safety facilities modifications, $1,000,000. (13)

APPLIED ENERGY TECHNOLOGY.—

Project 75-13-a, hydrothermal pilot plant, $1,000,000. SEC. 102. LIMITATIONS.—(a) The Commission is authorized to start any project set forth in subsection 101(b)(1), (3), (5), (6), (7), (12), and (13) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsection 101(b)(2), (4), (8), and (10) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start any project under subsection 101(b)(9) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000: Provided, That the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101(b)(9) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. (d) The total cost of any project undertaken under subsection 101(b)(1), (3), (5), (6), (7), (12), and (13) shall not exceed the estimated cost set forth for that project by more than 25 per centum, unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act of 1954, as amended, provided that this subsection will not apply to any project with an estimated cost less than $5,000,000.

-194 O - 76 - 11 Pt. 1

42 USC 2017.

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text: Dictionary of National Biography, 1885-1900/Banim, Michael


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[88 STAT.

(e) The total cost of any project undertaken under subsection 101 (lb)(2), (4), (8), (9), and (10) shall not exceed the estimated cost set forth for that project by more than 10 per centum, unless and until additional appropriations are authorized under section 261 of the 42 USC 2 017. Atomic Energy Act of 1954, as amended, provided that this subsection will not apply to any project with an estimated cost less than $5,000,000. Construction g^c. 103. The Commission is authorized to perform construction sign services, ^^gjgj^ services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission, and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction. SEC. 104. Any moneys received by the Commission (except sums received from the disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)), may be retained by the Commission and credited to its "Operating expenses" appropriation notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484). Transfer of §£0. 105. Transfers of sums from the "Operating expenses" appro^'""^" priation may be made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred. Transfer of gjjQ jQg Wheu SO Specified in an appropriation Act, transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act. SEC. 107. AMENDMENT OF PRIOR YEAR ACT S. — (a) Section 101 of 80 Stat. 162; Public Law 89-428, as amended, is further amended by striking from subsection (b)(3) project 67-3-a, fast flux test facility, the figure "$87,500,000", and substituting therefor the figure "$420,000,000". 87 Stat. 145. (b) Section 101 of Public Law 91-273, as amended, is further amended by striking from subsection (b)(1), project 71-1-f, process equipment modifications, gaseous diffusion plants, the figure "$172,100,000" and substituting therefor the figure "$295,100,000". g/Stat.^3^00; (p) Section 106 of Public Law 91-273, as amended, is further amended by striking from subsection (a) the figure "$2,000,000" and substituting therefor the figure "$3,000,000," and by adding thereto the following new subsection (c): "(c) The Commission is hereby authorized to agree, by modification to the definitive cooperative arrangement reflecting such changes therein as it deems appropriate for such purpose, to the following: (1) to execute and deliver to the other parties to the A E C definitive contract, the special undertakings of indemnification specified in said contract, which undertakings shall be subject to availability of appropriations to the Atomic Energy Commission (or any other Federal agency to which the Commission's pertinent functions might be transferred at some future time) and to the provisions of section 3679 of 31 USC 665. the Revised Statutes, as amended; and (2) to acquire ownership and custody of the property constituting the Liquid Metal Fast Breeder Reactor powerplant or parts thereof, and to use, decommission, and dispose of said property, as provided for in the A E C definitive contract." 86 Stat. 222. ((J) Section 101 of Public Law 92-314, as amended, is amended by striking from subsection (b)(4), project 73-4-b, land acquisition, Rocky Flats, Colorado, the figure "$8,000,000" and substituting therefor the figure "$11,400,000".

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(e) Section 101 of Public Law 93-60 is amended by (1) striking ^^ Stat. i43. from subsection (b)(1), project 74-1-a, additional facilities, high level waste storage, Savannah Eiver, South Carolina, the figure "$14,000,000" and substituting therefor the figure "$17,500,000", (2) striking from subsection (b)(1), project 74-1-g, cascade uprating program, gaseous diffusion plants, the words " (partial A E and limited component procurement only)" and further striking the figure "$6,000,000" and substituting therefor the figure "$183,100,000", and (3) striking from subsection (b)(2), project 74-2-d, national security and resources study center, the words " ( A E only), site undesignated" and substituting therefor the words "Los Alamos Scientific Laboratory, New Mexico" and further striking the figure "$350,000" and substituting therefor the figure "$4,600,000". SEC. 108. RESCISSION.— (a) Public Law 91-44, as amended, is fur- 86^stat!*225!' ther amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 70-1-b, bedrock waste storage ( A E and site selection drilling only). Savannah River, South Carolina, $4,300,000. (b) Public Law 92-84, as amended, is further amended by rescind- 85 Stat. 304. ing therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 72-3-b, national radioactive waste repository, site undetermined, $3,500,000. (c) Public Law 92-314, as amended, is further amended by rescind- 86 Stat. 224. ing therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 73-6-c, accelerator improvements, Cambridge Electron Accelerator, Massachusetts, $75,000. TITLE II SEC. 201. Section 157b. (3) of the Atomic Energy Act of 1954, as amended, is amended by striking out "upon the recommendation of" and inserting in lieu thereof "after consultation with". Approved May 10, 1974.

42 USC 2187.,

Public Law 93-277 AN ACT To amend chapter 5 of title 37, United States Code, to revise the special pay bonus structure relating to members of the armed forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Armed Forces Enlisted Personnel Bonus Revision Act of 1974". SEC. 2. Chapter 5 of title 37, United States Code, is amended as follows: (1) Section 308 is amended to read as follows: "§ 308. Special pay: reenlistment bonus " (a) A member of a uniformed service who— "(1) has completed at least twenty-one months of continuous active duty (other than for training) but not more than ten years of active duty;

May 10, 1974 [S.2771]

Armed Forces Enlisted Personnel Bonus R e v i sion Act of 1974. 37 USC 308 note. 37 USC 3 0 8.

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[88 STAT.

"(2) is designated as having a critical military skill by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy; "(3) is not receiving special pay under section 312a of this 37 USC 312a. title; and " (4) reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years; may be paid a bonus, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years, or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount. Obligated service in excess of twelve years will not be used for bonus computation. Payment. ^^ (h) Bouus paymcuts authorized under this section may be paid in either a lump sum or in installments. "(c) For the purpose of computing the reenlistment bonus in the case of an officer with prior enlisted service who may be entitled to a bonus under subsection (a) of this section, the monthly basic pay of the grade in which he is enlisted, computed in accordance with 37 USC 205. jj^g years of service computed under section 205 of this title, shall be used instead of the monthly basic pay to which he was entitled at the time of his release from active duty as an officer. " (d) A member who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus the'^ the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. "(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. Expiration date, ii ^^^ j ^ ^ bouus shall bc paid under this section with respect to any reenlistment, or voluntary extension of an active-duty enlistment, in the armed forces entered into after June 30, 1977.". 37 USC 308a. ^g) Section 308a is amended to read as follows: "§ 308a. Special pay: enlistment bonus " (a) Notwithstanding section 514(a) of title 10 or any other law, under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who enlists in an armed force for a period of at least four years in a skill designated as critical, or who extends his initial period of active duty in that armed force to a total of at least four years in a skill designated as critical, may be paid a bonus in an amount prescribed by the approPayment. priatc Sccrctary, but not more than $3,000. The bonus may be paid in a lump sum or in equal periodic installments, as determined by the appropriate Secretary.

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text: Dictionary of National Biography, 1885-1900/Banister, John (1630-1679)


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PUBLIC LAW 93-278--MAY 10, 1974

" (b) Under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. "(c) No bonus shall be paid under this section with respect to any enlistment or extension of an initial period of active duty in the armed forces made after June 30,197T.". SEC. 3. Notwithstanding section 308 of title 37, United States Code, as amended by this Act, a member of a uniformed service on active duty on the effective date of this Act, who would have been eligible, at the end of his current or subsequent enlistment, for the reenlistment bonus prescribed in section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, shall continue to be eligible for the reenlistment bonus under that section as it existed on the day before the effective date of this Act. If a member is also eligible for the reenlistment bonus prescribed in that section as amended by this Act, he may elect to receive either one of those reenlistment bonuses. However, a member's eligibility under section 308(a) or (d) of that title, as it existed on the day before the effective date of this Act, terminates when he has received a total of $2,000 in reenlistment bonus payments, received under either section 308(a) or (d) of that title as it existed on the day before the effective date of this Act, or under section 308 of that title, as amended by this Act, or from a combination of both. SEC. 4. The amendments made by this Act become effective on the first day of the month following the date of enactment. Approved May 10, 1974.

121 Regulations.

Expiration date.

37 USC 308 note.

Effective date. 37 USC 308 note.

Public Law 93-278 AN ACT To extend the Environmental Education Act for three years.

May 10, 1974 [S.1647]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Environmental be cited as the "Environmental Education Amendments of 1974". men^s^'o'°"i9^7r"'^' SEC. 2. Section 3(c)(1) of the Environmental Education Act (20 Advisory co'unU.S.C. 1532) is amended by adding at the end thereof the following '^'^' extension. new sentence: "Subject to section 448(b) of the General Education Provisions Act, the Advisory Council shall continue to exist until 20 USC 1233g. July 1, 1977.". SEC. 3. Section 7 of such Act is amended by striking out "and" after Appropriation. "1972," and by inserting after "1973" a comma and the following: 20 USC 1536. "$5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $15,000,000 for the fiscal year ending June 30, 1977.". SEC. 4. Section 2(b) of such Act is amended by inserting after 20 USC 1531. "maintain ecological balance" the following: "while giving due consideration to the economic considerations related thereto". SEC. 5. Section 3(b)(2) of such Act is amended by inserting after 20 USC 1532. "technology," the following: "economic impact,". SEC. 6. Section 3(c)(1) of such Act is further amended by inserting "economic," after "medical,". Approved May 10, 1974.

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[88 STAT.

Public Law 93-279 May 10, 1974 [H. R. 9 4 9 2 ]

Wild and Scenic Rivers Act, amendments. 16 USC 1271 note. 16 USC 1274.

AN ACT To amend the Wild and Scenic Rivers Act by designating the Chattooga River, North Carolina, South Carolina, and Georgia as a component of the National Wild and Scenic Rivers System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Wild and Scenic Rivers Act (82 Stat. 908; 16 U.S.C. 1274 et seq.), as amended, is further amended as follows: (a) I n section 3(a) after paragraph (9) insert the following new paragraph: "(10)

Appropriation.

16 USC 1275. Studies, submittal to P r e s i dent.

Report to Congress.

16 USC 1276.

CHATTOOGA, NORTH CAROLINA, SOUTH CAROLINA, GEORGIA.—

The Segment from 0.8 mile below Cashiers Lake in North Carolina to Tugaloo Reservoir, and the West Fork Chattooga River from its junction with Chattooga upstream 7.3 miles, as generally depicted on the boundary map entitled 'Proposed Wild and Scenic Chattooga River and Corridor Boundary', dated August 1973; to be administered by the Secretary of Agriculture: Provided, That the Secretary of Agriculture shall take such action as is provided for under subsection (b) of this section within one year from the date of enactment of this paragraph (10): Provided further, That for the purposes of this river, there are authorized to be appropriated not more than $2,000,000 for the acquisition of lands and interests in lands and not more than $809,000 for development.". (b)(1) In section 4 delete subsection (a) and insert in lieu thereof the following: "SEC. 4. (a) The Secretary of the Interior or, where national forest lands are involved, the Secretary of Agriculture or, in appropriate cases, the two Secretaries jointly shall study and submit to the President reports on the suitability or nonsuitability for addition to the national wild and scenic rivers system of rivers which are designated herein or hereafter by the Congress as potential additions to such system. The President shall report to the Congress his recommendations and proposals with respect to the designation of each such river or section thereof under this Act. Such studies shall be completed and such reports shall be made to the Congress with respect to all rivers named in subparagraphs 5(a)(1) through (27) of this Act no later than October 2, 1978. I n conducting these studies the Secretary of the Interior and the Secretary of Agriculture shall give priority to those rivers with respect to which there is the greatest likelihood of developments which, if undertaken, would render the rivers unsuitable for inclusion in the national wild and scenic rivers system. Every such study and plan shall be coordinated with any water resources planning involving the same river which is being conducted pursuant to the Water Resources Planning Act (79 Stat. 244; 42 U.S.C. 1962 et seq.). "Each report, including maps and illustrations, shall show among other things the area included within the report; the characteristics which do or do not make the area a worthy addition to the system; the current status of land ownership and use in the area; the reasonably foreseeable potential uses of the land and water which would be enhanced, foreclosed, or curtailed if the area Avere included in the national wild and scenic rivers system; the Federal agency (which in the case of a river which is wholly or substantially within a national forest, shall be the Department of Agriculture) by which it is proposed the area, should it be added to the system, be administered; the extent to which it is proposed that such administration, including the costs thereof, be shared by State and local agencies; and the estimated cost to the United States of acquiring necessary lands and interests in

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text: Dictionary of National Biography, 1885-1900/Banister, John (d.1692?)


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PUBLIC LAW 93-280-MAY 10, 1974

land and of administering the area, should it be added to the system. Each such report shall be printed as a Senate or House document." (2) I n section 5 delete subsection (b) and reletter subsections (c) and (d) as (b) and (c), respectively. (3) I n section 7(b) delete clause (i) and insert in lieu thereof the following: " (i) during the ten-year period following enactment of this Act or for a three complete fiscal year period following any Act of Congress designating any river for potential addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expiration of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national wild and scenic rivers system and notify the Committees on Interior and Insular Affairs of the United States Congress, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while Congress is in session prior to publishing notice to that effect in the Federal Register, and". (4) I n section 7(b) (ii) delete "which is recommended", insert in lieu thereof "the report for which is submitted", and delete "for inclusion in the national wild and scenic rivers system". (c) I n section 15(c) delete "for the purpose of protecting the scenic view from the river," and insert in lieu thereof "within the authorized boundaries of a component of the wild and scenic rivers system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area,". (d) Delete section 16 and insert in lieu thereof: "SEC. 16. (a) There are hereby authorized to be appropriated, including such sums as have heretofore been appropriated, the following amounts for land acquisition for each of the rivers described in section 3(a) of this Act: Clearwater, Middle Fork, Idaho, $2,909,800; Eleven Point, Missouri, $4,906,500; Feather, Middle Fork, California, $3,935,700; Rio Grande, New Mexico, $253,000; Rogue, Oregon, $12,447,200; St. Croix, Minnesota and Wisconsin, $11,768,550; Salmon, Middle Fork, Idaho, $1,237,100; and Wolf, Wisconsin, $142,150. "(b) The authority to make the appropriations authorized in this section shall expire on June 30, 1979." Approved May 10, 1974.

Printing as Senate or House document. 16 USC 1276. 16 USC 1278.

Notification to congressional committees. P u b l i c a t i o n in Federal Register.

16 USC 1286.

Appropriation. 16 USC 1287.

Ante,

p. 122,.

Expiration date.

Public Law 93-280 AN ACT To authorize certain Federal agencies to detail personnel and to loan equipment to the Bureau of Sport Fisheries and Wildlife, Department of the Interior.

May 10, 1974 [H. R. 8 1 0 1 ]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the paragraph Bureau of sport headed "Propagation of Food Fishes" of the Act of March 3, 1885 (23 VX^mT """ Stat. 494; 16 U.S.C. 743), is amended— Federal agency (1) by inserting " (1) " immediately after "Fishes:"; '::^:lX^:r:' (2) by striking out the last sentence thereof; and (3) by adding at the end thereof the following new subparagraph:

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text:
The New International Encyclopædia/Müller, Johann Friedrich Theodor

MÜLLER, (known as, or ) (1821-97). A German naturalist, known for his contributions to bionomics and to the evolution theory. He was born at Windischholzhausen, near Erfurt. He studied at Greifswald and Berlin. The troubles of 1848 finally drove him from home and Berlin, and he emigrated to Southern Brazil, settling at Blumenau, on the island of Santa Catharina. Here he lived the life of a colonist and pioneer until 1856, when he became a teacher of mathematics and natural history in the gymnasium at Desterro. After various changes he was in 1874 appointed naturalista viajante of the museum at Rio Janeiro, and lived at Itajahy. Afterwards he was suddenly dismissed from his position, without any explanation from the authorities, and returned to Blumenau.

Müller published numerous papers on jellyfishes and worms, but more particularly on crustaceans and insects, his articles appearing mostly in Wiegmann's Archiv für Naturgeschichte, Kosmos, Natur, and the Annals of the Rio Janeiro Museum. His single book, Facts for Darwin, vas called out by Darwin's Origin of Species, and it gave him wide fame. It was written at Desterro in 1863, was published at Leipzig in 1864, and was translated, with some additions, into English in London in 1869. It was the application of Darwinian principles to certain forms of a single class, the Crustacea. In this book we have, in the chapter on the “Progress of Evolution,” the first clear statement of the biogenetic law or recapitulation theory afterwards restated by Haeckel. Müller also proposed the theory of mimicry which bears his name. See.


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 124 "Agency." 16 USC 743a.

Report to Congress.

PUBLIC LAW 93-281-MAY 14, 1974

[88 STAT.

"(2)(A) As used in this subparagraph, the term 'agency' means the department in which the Coast Guard is operating, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, and the National Aeronautics and Space Administration. " (B) The chief executive officer of each agency may from time to time— " (i) detail from the agency for duty under the Director of the Bureau of Sport Fisheries and Wildlife, Department of the Interior, such commissioned and enlisted personnel and civilian employees as may be spared for such duty; and "(ii) consonant with the operational needs of the agency, loan equipment of the agency to the Director. " (C) The Director of the Bureau of Sport Fisheries and Wildlife shall make an annual report at the end of each fiscal year to the Congress concerning the utilization of the provisions of this subparagraph and the additional cost, if any, to the Federal Government resulting therefrom. Such annual report shall be referred in the Senate to the Committee on Commerce and in the House of Representatives to the Committee on Merchant Marine and Fisheries." Approved May 10, 1974. Public Law 93-281

May 14, 1974 [S.1115]

Narcotic Addict Treatment Act of 1974, 21 USC 802 note. Definitions.

Practitioners, narcotic drug dispensation, annual r e g i s t r a tion. Qualifications.

AN ACT To amend the Controlled Substances Act to provide for the registration of practitioners conducting narcotic treatment programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Narcotic Addict Treatment Act of 1974". SEC. 2. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding the following after paragraph (26): "(27) The term 'maintenance treatment' means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs. " (28) The term 'detoxification treatment' means the dispensing, for a period not in excess of twenty-one days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period." SEC. 3. Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding the following after subsection (f): " (g) Practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The Attorney General shall register an applicant to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (or both) —

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125

"(1) if the applicant is a practitioner who is determined by the Secretary to be qualified (under standards established by the Secretary) to engage in the treatment with respect to which registration is sought; "(2) if the Attorney General determines that the applicant will comply with standards established by the Attorney General respecting (A) security of stocks of narcotic drugs for such treatment, and (B) the maintenance of records (in accordance with section 307) on such drugs; and 21 USC 827. " (3) if the Secretary determines that the applicant will comply with standards established by the Secretary (after consultation with the Attorney General) respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.". SEC. 4. (a) Section 304(a) of the Controlled Substances Act (21 suspension or U.S.C. 824(a)) is amended by adding after and below paragraph (3) '•e^°'=^tion. the following: "A registration pursuant to section 303(g) to dispense 21 USC 823. a narcotic drug for maintenance treatment or detoxification treatment may be suspended or revoked by the Attorney General upon a findinij that the registrant has failed to complv with any standard referred to in section 303(g)." (b) Section 304(d) of such Act is amended (1) by inserting after the first sentence the following: "A failure to comply with a standard referred to in section 303(g) may be treated under this subsection as grounds for immediate suspension of a registration granted under such section."; and (2) by striking out "Such suspension" and inserting in lieu thereof "A suspension under this subsection". SEC. 5. Section 307(c)(1)(A) of the Controlled Substances Act (21 U.S.C. 827(c)(1)(A)) is amended to read as follows: "(1)(A) with respect to any narcotic controlled substance in schedule II, III, IV, or V, to the prescribing or administering of such substance by a practitioner in the lawful course of his professional practice unless such substance was prescribed or administered in the course of maintenance treatment or detoxification treatment of an individual; or". Approved May 14, 1974. Public Law 93-282 AN ACT To extend through fiscal year 1974 certain expiring appropriations authorizations in the Public Health Service Act, the Community Mental Health Centers Act, and the Developmental Disabilities Services and Facilities Construction Act, and for other purposes. Be it enacted by the Senate and House of Representatives United States of America in Conqress assembled.

j^gy j4^ 1974 i^^'^^25]

of the AicohoUsm and alcohol a b u s e programs.

TITLE I — FEDERAL A S S I S T A N C E FOR S T A T E AND LOCAL

Appropriations authorizations,

ALCOHOLISM AND ALCOHOL ABUSE PROGRAMS

extension.

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text: Dictionary of National Biography, 1885-1900/Banister, Richard


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[88 STAT.

PART A—SHORT TITLE; FINDINGS AND PURPOSE SHORT TITLE

Comprehensive SEC. 101. This title may be cited as the "Comprehensive Alcohol and°AriotoUsm Abusc and Alcoholism Prevention, Treatment, and Rehabilitation Act Prevention, Treat- Amendments of 1974". ment, and R e h a bilitation Act Amendments of 1974.

nole."^*^ ^^^^ 42 USC 4551 note.

F I N D I N G S A N D PURPOSE

S^*^- -'•^^- (^) "^^^ Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended by adding after section 1 the following new section: "FINDINGS

42 USC 4541.

42 USC 4542.

A N D PURPOSE

"SEC. 2. (a) The Congress finds that— "(1) alcohol is one of the most dangerous drugs and the drug most frequently abused in the United States; "(2) of the Nation's estimated ninety-five million drinkers, at least nine million, or 7 per centum of the adult population, are alcohol abusers and alcoholics; "(3) problem drinking costs the national economy at least $15,000,000,000 annually m lost working time, medical and public assistance expenditures, and police and court costs; "(4) alcohol abuse is found with increasing frequency among persons who are multiple-drug abusers and among former heroin users who are being treated in methadone maintenance programs; " (5) alcohol abuse is being discovered among growing numbers of youth; and "(6) alcoholism is an illness requiring treatment and rehabilitation through the assistance of a broad range of community health and social services, and with the cooperation of law enforcement agencies. "(b) I t is the policy of the United States and the purpose of this Act to (1) approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and (2) meet the problems of alcohol abuse and alcoholism not only through Federal assistance to the States but also through direct Federal assistance to community-based programs meeting the urgent needs of special populations and developing methods for diverting problem drinkers from criminal justice systems into prevention and treatment programs.". (b) The Congress declares that, in addition to the programs under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, programs under other Federal laws which provide Federal or federally assisted research, prevention, treatment, or rehabilitation in the fields of health and social services should be appropriately utilized to help eradicate alcohol abuse and alcoholism as a major problem.

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127

PART B — G R A N T S TO STATES PROGRAM E X T E N S I O N

SEC. 105. (a) Section 301 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended by inserting immediately after "for each of the next two fiscal years" the following: ", $80,000,000 for the fiscal year ending June 30, 1975, and $80,000,000 for the fiscal year ending June 30, 1976,". (b) The section heading for such section is amended to read as follows:

42 USC 4571.

" AUTHORIZATION FOR FORMULA GRANTS". PROGRAM IMPROVEMENTS

SEC. 106. (a)(1) Section 302 of such Act is amended by adding at the end thereof the following new subsection: " (d) On the request of any State, the Secretary is authorized to arrange for the assignment of officers and employees of the Department or provide equipment or supplies in lieu of a portion of the allotment of such State. The allotment may be reduced by the fair market value of any equipment or supplies furnished to such State and by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee to the State. The amount by which such payments are so reduced shall be available for payment of such costs (including the costs of such equipment and supplies) by the Secretary, but shall for purposes of determining the allotment under section 302(a), be deemed to have been paid to the State.". (2) Section 302(b) of such Act is amended (A) by striking out in the first sentence "so allotted to a State" and inserting in lieu thereof "allotted to a State in a fiscal year"; and (B) by striking out in the second sentence "for a fiscal year" and inserting in lieu thereof "in a fiscal year". (b) Section 303(a) of such Act is amended— (1) by striking out in paragraph (3) "or groups" and inserting in lieu thereof ", of groups to be served with attention to assuring representation of minority and poverty groups"; (2) by striking out "and" at the end of paragraph (9); (3) by redesignating paragraph (10) as paragraph (11); and (4) by adding after paragraph (9) the following new paragraph: "(10) set forth, in accordance with criteria to be set by the Secretary, standards (including enforcement procedures and penalties) for (A) construction and licensing of public and private treatment facilities, and (B) for other community services or resources available to assist individuals to meet problems resulting from alcohol abuse; and".

42 USC 4572.

42 USC 4573.

UNIFORM ALCOHOLISM AND INTOXICATION TREATMENT ACT

SEC. 107. Part A of title III of such Act is amended by adding at the end thereof the following new section:

^2 USC 4571.

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[88

STAT.

SPECIAL GRANTS FOR IMPLEMENTATION OF THE UNIFORM ALCOHOLISM AND INTOXICATION TREATMENT ACT 42 USC 4574.

Applications.

Treatment programs, a c c e p t a n c e standards.

"SEC. 304. (a) To assist States which have adopted the basic provisions of the Uniform Alcoholism and Intoxication Treatment Act (hereinafter in this section referred to as the 'Uniform Act') to utilize fully the protections of the Uniform Act in their efforts to approach alcohol abuse and alcoholism from a community care standpoint, the Secretary, acting through the Institute, shall, during the period beginning July 1, 1974, and ending June 30, 1977, make grants to such States for the implementation of the Uniform Act. A grant under this section to any State may only be made for that State's costs (as determined in accordance with regulations which the Secretary shall promulgate not later than July 1, 1974) in implementing the Uniform Act for a period which does not exceed one year from the first day of the first month for which the grant is made. No State may receive more than three grants under this section. " (b) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. The Secretary may not approve an application of a State under this section unless he determines the following: "(1) The State and each of its political subdivisions are committed to the concept of care for alcoholism and alcohol abuse through community health and social service agencies, and, in accordance with the purposes of sections 1 and 19 of the Uniform Act, have repealed those portions of their criminal statutes and ordinances under which drunkenness is the gravamen of a petty criminal offense, such as loitering, vagrancy, or disturbing the peace. "(2) The laws of the State respecting acceptance of individuals into alcoholism and intoxication treatment programs are in accordance with the following standards of acceptance of individuals for such treatment (contained in section 10 of the Uniform Act): " (A) A patient shall, if possible, be treated on a voluntary rather than an involuntary basis. " (B) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he is found to require inpatient treatment. " (C) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment. " (D) An individualized treatment plan shall be prepared and maintained on a current basis for each patient. " (E) Provision shall be made for a continuum of coordinated treatment services so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment. "(3) The laws of the State respecting involuntary commitment of alcoholics are consistent with the provisions of section 14 of the Uniform Act which protect individual rights. "(4) The application of the State contains such assurances as the Secretary may require to carry out the purposes of this section. For purposes of subsection (a), the term 'basic provisions of the Uniform Alcoholism and Intoxication Treatment Act' shall not in the

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case of a State which has a State plan approved under section 303 include any provision of the Uniform Act respecting the organization of such State's treatment programs (as defined in the Uniform Act) which are inconsistent with the requirements of such State plan. "(c) The amount of any grant under this section to any State for any fiscal year may not exceed the sum of $100,000 and an amount equal to 10 per centum of the allotment of such State for such fiscal year under section 302 of this Act. Payments under grants under this section may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. " (d) For the purpose of making payments under grants under this section, there are authorized to be appropriated $13,000,000/^or the fiscal year ending June 30, 1975, and for each of the next two fiscal years.". CONFORMING

129 " ^ use 4573. ^

^2 USC 4572. Appropriation,

AMENDMENT

SEC. 108. The heading for part A of title III of such Act is amended by striking out "FORMULA GRANTS" and inserting in lieu thereof "GRANTS TO STATES". PART C — P R O J E C T GRANTS AND CONTRACTS GRANTS AND CONTRACTS FOR PREVENTION AND TREATMENT PROJECTS

SEC. 111. Section 311 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended to read as follows: " G R A N T S A N D CONTRACTS FOR THE P R E V E N T I O N A N D T R E A T M E N T OF ALCOHOL ABUSE A N D ALCOHOLISM

"SEC. 311. (a) The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals— " (1) to conduct demonstration, service, and evaluation projects, " (2) to provide education and training, "(3) to provide programs and services in cooperation with schools, courts, penal institutions, and other public agencies, and "(4) to provide counseling and education activities on an individual or community basis, for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics. "(b) Projects and programs for which grants and contracts are made under this section shall (1) whenever possible, be community based, seek to insure care of good quality in general community care facilities and under health insurance plans, and be integrated with, and provide for the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals; and (2) where appropriate utilize existing community resources (including community mental health centers). "(c)(1) I n administering this section, the Secretary shall require coordination of all applications for projects and programs in a State. "(2) Each applicant from within a State, upon filing its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency designated under section 303 of this Act, if such designation has been made. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary, in writing, an evaluation of the project or program set forth in the applica-

^2 USC 4577.

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46 at least a sketch of that kind in Mr. Brough Smyth’s Aborigines of Victoria.

Rejoinder.

BY E. S. HARTLAND.

The demolition of my criticisms has “taken such a deal of doing,” that my rejoinder must, from considerations of space, be brief. Leaving minor issues, and avoiding as far as possible mere verbal discussions, therefore, I shall only touch on the principal points.

I note that Mr. Lang now adopts Professor Starr’s statement of his case that “among” man’s “earliest original conceptions is the idea of a kind, creative Supreme Being whom men may worship.” This is a material variation from the hypothesis stated on p. 331 of The Making of Religion, and quoted by me (Folklore, vol. ix., p. 293), that “there are two chief sources of religion: (1) the belief ... in a powerful, moral, eternal, omniscient Father and Judge of men; (2) the belief ... in somewhat of man which may survive the grave,” with the latter of which I was not dealing. The present statement is not only less definite, but it does not exclude other and contemporaneous religious beliefs. I cannot here examine the general question as to man’s “earliest original conceptions” of deity, which is outside the issue I was debating, namely, the accuracy of Mr. Lang’s presentation of the “High Gods” of the Australians. It is the less necessary to do so, because Mr. Lang himself adopts the same phraseology with regard to the present Australians, contending “that the notion of a kind, creative Supreme Being is among the ideas of the Australians.”

Mr. Lang admits that his use of rhetorical expressions was unwise, excusing himself, however, by saying that it was “partly a matter of capital letters and Latinised words.” True, but by no means the whole truth. What is apt to mislead in The Making of Religion (all the latter half of it) is the choice of words associated with the theological


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[88 STAT.

tion. Such evaluation shall include comments on the relationship of the project to other projects and programs pending and approved and to the State comprehensive plan for treatment and prevention of 42 USC 4573. alcohol abusc and alcoholism under section 303. The State shall furnish the applicant a copy of any such evaluation. "(3) Approval of any application for a grant or contract by the Secretary, including the earmarking of financial assistance for a program or project, may be granted only if the application substantially meets a set of criteria established by the Secretary that— " (A) provides that the projects and programs for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant; " (B) provides for such methods of administration £ts are necessary for the proper and efficient operation of such programs and projects; " (C) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant; and " (D) provides reasonable assurance that Federal funds made available under this section for any period will be so used as to supplement and increase, to the extent feasible and practical, the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the projects and programs described in this section, and will in no event supplant such State, local, and other non-Federal funds. Appropriation. ^^ (d) To make payments under grants and contracts under this section, there are authorized to be appropriated $80,000,000 for the fiscal year ending June 30, 1975, and $95,000,000 for the fiscal year ending June 30, 1976.". PART D—^ADMISSION TO HOSPITALS; CONFIDENTIALITY or KECORDS HOSPITAL A D M I S S I O N S

42 USC 4581,

SEC. 121. (a) Section 321 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended to read as follows: "ADMISSION or ALCOHOL ABUSERS AND ALCOHOLICS TO PRIVATE AND PUBLIC HOSPITALS

Regulations.

"SEC. 321. (a) Alcohol abusers and alcoholics who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their alcohol abuse or alcoholism, by any private or public general hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. " (b)(1) The Sccretary is authorized to make regulations for the enforcement of the policy of subsection (a) with respect to the admission and treatment of alcohol abusers and alcoholics in hospitals which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to. comply with such subsection. If the Secretary determines that a hospital subject to such regulations has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary

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 other authors taken up this problem as far as we are aware. In several species we have found distinct openings in the corners where the posterior points of the triangular areas of the opercular plates meet the lateral points of the hastate basal portion in the unpaired lobe of the female genital appendage. These lateral points are as a rule extended into earlike or scroll-like lobes that cover the openings. Since the paired interior tubular appendages observed in Eurypterus end at these lateral points, it is certain that they emptied here, as suggested by Holm, who considers them as auxiliary generative organs.

The large opercular appendage of the female is but a median tongue and not a tube, and it is probable that it concealed the complicated terminal portions of the genital organs, as the median part of the operculum still does today in the arachnids Phrynus and Thelyphonus. Gaskell [p. 192] has drawn a restoration, representing these genital organs "in accordance with our knowledge of the nature of these organs in the present-day scorpions, as a median elongated uterus, bilaterally formed, from which the genital ducts passed, probably as in Limulus, towards a mass of generative glands in the cephalic region, and not as in Scorpio or Thelyphonus, tailwards to the abdominal region." We surmise that the female eurypterid thrust this chitinous opercular appendage, together with the opercular plate, into the sand during oviposition, just as Limulus does today.

It is possible that the paired tubular organs mentioned above are not auxiliary generative organs, as surmised by Holm, but are the genital ducts and that the openings observed by the writers are the apertures of these ducts leading into the median uterus.

The sternal plates of the third to the sixth mesosomatic somites are well developed, forming the four sternites following the operculum. These plates are always slightly arched forward, the anterior margin being slightly convex, the posterior concave. The antelateral angles are produced into rounded lobes and the median line is marked by a suture, along which they readily separated. The sternites were often more arched than the


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may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital. "(2) The Administrator of Veterans' Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe regulations making applicable the regulations prescribed by the Secretary under paragraph (1) of this subsection to the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from alcohol abuse or alcoholism. I n prescribing and implementing regulations pursuant to this paragraph, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.". (b) The Administrator of Veterans' Affairs shall submit to the appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 321(b)(2) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, (2) explaining the bases for any inconsistency between such regulations and regulations of the Secretary under section 321(b)(1) of such Act, (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 321(b)(1), and shall timely publish such report in the Federal Register.

131

^^g^i^tions. ^^^ ^^^ ^°^ ®'

Report, submitsionai'^commul tees. ^^il^^'^ "^^^^ Ante, p. uo.

^J^"i\|*f°" j " Federal Registe

CONFIDENTIALITY

SEC. 122. (a) Section 333 of such Act is amended to read as follows:

42 USC 4582.

"CONFIDENTIALITY OF KECORDS

"SEC. 333. (a) Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to alcoholism or alcohol abuse education, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section. " (b)(1) The content of any record referred to in subsection (a) may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to subsection (g). "(2) Whether or not the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives

Disclosure.

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Penalty.

Regulations.

38 USC 101 et seq.

PUBLIC LAW 93-282-MAY 14, 1974

[88 STAT.

his written consent, the content of such record may be disclosed as follows: " (A) To medical personnel to the extent necessary to meet a bona fide medical emergency. " (B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits,, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner. " (C) If authorized by an appropriate order of a court of competent jurisdiction granf^ed after application showing good cause therefor. Iniassessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. "(c) Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. " (d) The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient. "(e) The prohibitions of this section do not apply to any interchange of records— "(1) within the Armed Forces or within those components of the Veterans' Administration furnishing health care to veterans, or " (2) between such components and the Armed Forces. "^f^ Any pcTSon who violatcs any provision of this section or any regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense. " (g) Except as provided in subsection (h) of this section, the Secretary shall prescribe regulations to carry out the purposes of this section. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b)(2) (C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. "(h) The Administrator of Veterans' Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe regulations making applicable the regulations prescribed by the Secretary under subsection (g) of this section to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from alcohol abuse or alcoholism. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.". (b) Section 303(a) of the Public Health Service Act (42 U.S.C. 242a (a)) is amended by striking out "the use and effect of drugs" and

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inserting in lieu thereof "mental health, including research on the use and effect of alcohol and other psychoactive drugs,". (c) The Administrator of Veterans' Affairs shall submit to the Report to conappropriate committees of the House of Representatives and the Senate mutee s?^ a full report (1) on the regulations (including guidelines, policies, and 42 USC 4582 procedures thereunder) he has prescribed pursuant to section 333(h) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, (2) explaining the basis Ante, p. isi. for any inconsistency between such regulations and regulations of the Secretary under section 333(g) of such Act, (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator's regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 333(g), and shall timely publish such report in the Publication in Federal Register. ^^'^"^^ Register. PART E—INTERAGENCY COMMITTEE INTERAGENCY COMMITTEE

SEC. 131. Title I of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended by adding at the end the following:

42 USC 4551.

"INTERAGENCY COMMITTEE ON FEDERAL ACTIVITIES FOR ALCOHOL ABUSE AND ALCOHOLISM

"SEC. 103. (a) The Secretary shall establish an Interagency Com- Establishment. mittee on Federal Activities for Alcohol Abuse and Alcoholism (hereinafter in this section referred to as the 'Committee'). The Committee shall (1) evaluate the adequacy and technical soundness of all Federal programs and activities which relate to alcoholism and alcohol abuse and provide for the comunication and exchange of information necessary to maintain the coordination and effectiveness of such programs and activities, and (2) seek to coordinate efforts undertaken to deal with alcohol abuse and alcoholism in carrying out Federal health, welfare, rehabilitation, highway safety, law enforcement, and economic opportunity laws. "(b) The Secretary or the Director of the National Institute on Membership. Alcohol Abuse and Alcoholism (or the Director's designee) shall serve as Chairman of the Committee, the membership of which shall include (1) appropriate scientific, medical, or technical representation from the Department of Transportation, the Department of Justice, the Department of Defense, the Veterans' Administration, and such other Federal agencies and offices (including appropriate agencies and offices of the Department of Health, Education, and Welfare) as the Secretary determines administer programs directly affecting alcoholism and alcohol abuse, and (2) five individuals from the general public appointed by the Secretary from individuals who by virtue of their training or experience are particularly qualified to participate in the performance of the Committee's functions. The Committee shall meet at the call of the Chairman, but not less often than four times a year. "(c) Each appointed member of the Committee shall be appointed Term. for a term of four years, except that— " (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and

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Compensation. 5 USC 5332 note

PUBLIC LAW 93-282-MAY 14, 1974

[88 STAT.

"(2) of the members first appointed, two shall be appointed for a term of four years, two shall be appointed for a term of three years, and one shall be appointed for a term of one year, as designated by the Secretary at the time of appointment. Appointed members may serve after the expiration of their terms until their successors have taken office. " (d) Appointed members of the Committee shall receive for each day they are engaged in the performance of the functions of the Committee compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS-18 of the General Schedule, including traveltime; and all members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. "(e) The Secretary shall make available to the Committee such staff, information, and other assistance as it may require to carry out its activities effectively.". TITLE II — ADMINISTRATION AND C O O K D I N A T I O N O F THE NATIONAL INSTITUTE OF MENTAL HEALTH, THE N A T I O N A L INSTITUTE ON A L C O H O L A B U S E AND A L C O H O L I S M, AND THE N A T I O N A L INSTITUTE ON DKUG A B U S E ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH

Establishment. 42 USC 3511.

ADMINISTRATION

gEC. 201. (a) The Secretary of Health, Education, and Welfare QY^QII establish, in the Department of Health, Education, and Welfare, the Alcohol, Drug Abuse, and Mental Health Administration (hereinafter in this section referred to as the "Administration"). The Administration shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. (b) The Secretary, acting through the Administration, shall supervise the functions of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse in order to assure that (1) the programs carried out through each such Institute receive appropriate and equitable support, and (2) there is cooperation among the Institutes in the implementation of such programs. National Panel (c) The Secretary of Health, Education, and Welfare shall estabThuseT^nd "'"^ lish ^. National Panel on A.lcohol, Drug Abuse, and Mental Health Mental'Health. (hereinafter in this subsection referred to as the "panel") to advise, Establishment. consult with, and make recommendations to the Secretary concerning the activities to be carried out through the Administration. The panel shall consist of three members appointed by the Secretary as follows: One member shall be appointed from the public members of the National Advisory Mental Health Council established under section 42 USC 218. 217 of the Public Health Service Act, one member shall be appointed from the public members of the National Advisory Council on Alcohol Abuse and Alcoholism established under such section, and one member shall be appointed from the public members of the National Advisory Council on Drug Abuse established under such section.

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NATIONAL INSTITUTE OF MENTAL HEALTH

SEC. 202. Title IV of the Public Health Service Act is amended by redesignating part G as part H, by redesignating section 454 as section 461, and by inserting after part F the following new part:

42 USC 2S9l. 42 USC 289i.

"PART G—NATIONAL INSTITUTE OF MENTAL HEALTH ESTABLISHMENT OF INSTITUTE

"SEC. 455. (a) There is established the National Institute of Mental 42 USC 289k-l. Health (hereinafter in this part referred to as the 'Institute') to administer the programs and authorities of the Secretary with respect to mental health. The Secretary, acting through the Institute, shall, in carrying out the purposes of sections 301 and 303 of this Act and the 42 USC 241, Mental Eetardation Facilities and Community Mental Health Centers 242a. 42 USC 2661 Construction Act of 1963 (other than part C of title II) with respect note. to mental illness, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of mental illness and for the rehabilitation of the mentally ill. The Secretary shall carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities. "(b)(1) The Institute shall be under the direction of a Director who shall be appointed by the Secretary. "(2) The Director, with the approval of the Secretary, may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities to be carried out through the Institute. "(c) The programs to be carried out through the Institute shall be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines." NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

SEC. 203. (a) Section 101 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended to read as follows:

42 USC 4551,

"ESTABLISHMENT OF THE INSTITUTE

"SEC. 101. (a) There is established the National Institute on Alcohol Abuse and Alcoholism (hereafter in this Act referred to as the 'Institute') to administer the programs and authorities assigned to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the 'Secretary') by this Act and part C of the Community Mental Health Centers Act. The Secretary, acting through the Institute, shall, in carrying out the purposes of sections 301 and 303 of the Public Health Service Act with respect to alcohol abuse and alcoholism, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics. The Secretary shall carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities.

42 USC 2688e.

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[88 STAT.

" (b)(1) The Institute shall be under the direction of a Director who shall be appointed by the Secretary. "(2) The Director, with the approval of the Secretary, may employ and prescribe the functions of such oiScers and employees, including attorneys, as are necessary to administer the programs to be carried out through the Institute. "(c) The programs to be carried out through the Institute shall be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines." 42 USC 4552. (b)(1) Section 102(2) of such Act is amended by inserting "and every three years thereafter" after "Act". (2)(A) Section 102 of such Act is amended by striking out "and" at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in lieu thereof "; and", and by adding after paragraph (4) the following: Report to "(5) submit to Congress on or before the end of each calendar Congress, ^^^^ ^ report on the extent to which other Federal programs and departments are concerned and dealing effectively with the problems of alcohol abuse and alcoholism. Before submitting a report under paragraph (5), the Secretary shall give each department and agency of the Government which (or a program of which) is referred to in the report he proposes to submit under such paragraph an opportunity to comment on the proposed report; and the Secretary shall include in the report submitted to Congress under such paragraph the comments received by him from any such department or agency within 30 days from the date the proposed report was submitted to such department or agency.". Submittal date. (B) The first report to be submitted by the Secretary of Health, ^42 USC 4552 Education, and Welfare under section 102(5) of the Comprehensive note Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabili^"p''^tation Act of 1970 shall be submitted not later than December 31, 1974. N A T I O N A L INSTITUTE ON DRUG ABUSE

21 USC 1191.

/^2 USC^ 241.

242, 242a.

SEC. 204. Subsections (a) and (b) of section 501 of the Drug Abuse Office and Treatment Act of 1972 are amended to read as follows: " (a) There is established the National Institute on Drug Abuse (hereinafter in this section referred to as the 'Institute') to administer the programs and authorities of the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the 'Secretary') with respect to drug abuse prevention functions. The Secretary, acting through the Institute, shall, in carrying out the purposes of sections 301, 302, and 303 of the Public Health Service Act with respect to drug abuse, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of drug abuse and for the rehabilitation of drug abusers. The Secretary shall carry out through the Institute the administrative and financial rnanagement, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities. " (b)(1) The Institute shall be under the direction of a Director who shall be appointed by the Secretary. "(2) The Director, with the approval of the Secretary, m a j employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities to be carried out through the Institute.".

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TITLE III — T E C H N I C A L AND CONFORMING AMENDMENTS SEC. 301. Section 5108(c) of title 5, United States Code, is amended— (1) by striking out the period at the end of paragraph (10)(B) and inserting in lieu thereof a semicolon; (2) by redesignating the paragraph (10) relating to the Law Enforcement Assistance Administration as paragraph (11) and by striking out the period at the end of that paragraph and inserting in lieu thereof a semicolon; (3) by redesignating the paragraph (10) relating to the Chief Judge of the United States Tax Court as paragraph (12) and by striking out "and" at the end of that paragraph; (4) by redesignating the paragraph (11) relating to the Chairman of the Equal Employment Opportunity Commission as paragraph (13) and by striking out the period at the end of that paragraph and inserting in lieu thereof "; and"; and (5) by adding at the end thereof the following new paragraph: "(14) the Secretary of Health, Education, and Welfare, subject to the standards and procedures prescribed by this chapter, may place a total of eleven positions in the National Institute on Alcohol Abuse and Alcoholism in GS-16, 17, and 18.". SEC. 302. Section 247 of the Community Mental Health Centers Act (42 U.S.C. 2688J-2) is repealed. SEC. 303. (a) Section 408 of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1175) is amended to read as follows: "§ 408. Confidentiality of patient records " (a) Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section. " (b)(1) The content of any record referred to in subsection (a) may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to subsection (g). "(2) Whether or not the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives his written consent, the content of such record may be disclosed as follows: " (A) To medical personnel to the extent necessary to meet a bona fide medical emergency. " (B) To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any maniier. " (C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. I n assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in deter-

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