text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/469

 88 STAT. ]

PUBLIC LAW 93-555-DEC. 27, 1974

1785

CUYA-20,000-A, and dated December 1974, which shall be on file and available for inspection in the offices of the National P a r k Service, Department of the Interior, Washington, District of Columbia, and in the main public library of Akron, Ohio, and Cleveland, Ohio. After advising the Committees on Interior and Insular Affairs of the United t States Congress, in writing, the Secretary may make minor revisions F ePdueb lailc aRieogni s tin r. r e of the boundaries of the recreation area when necessary by publication of a revised drawing or other boundary description in the Federal Register. (b) Within the boundaries of the recreation area, the Secretary, after consultation with the Governor of the State of Ohio and the Advisory Commission established in section 5 of this Act, may acquire lands, improvements, waters, or interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any lands or interests owned therein, as well as any lands hereafter acquired, by the State of Ohio or any political subdivision thereof (including any park district or other public entity) may be acquired only by donation. The Secretary shall not acquire privately owned lands which are held and used for public recreation uses unless he determines that such lands are essential to carry out the purposes of this Act. Notwithstanding any other provisions of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the recreation area. (c) With respect to improved properties, as defined in this Act, scenic easethe Secretary may acquire scenic easements or such other interests as, ™^"*^* in his judgment, are necessary for the purposes of the recreation area. Fee title to such improved properties shall not be acquired unless the Fee title. Secretary finds that such lands are being used, or are threatened with uses, which are detrimental to the purposes of the recreation area, or unless such acquisition is necessary to fulfill the purposes of this Act. (d) When any tract of land is only partly within the boundaries of the recreation area, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of the land acquired outside the boundaries and not utilized for exchange shall be reported to the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949, as amended: Provided, That no dis- ^^ use 471 posal shall be for less than the fair market value of the lands involved. (e) For the purposes of this Act, the term "improved property" ^^'y'^•^'^""^'^ ^'^°''' means: (i) a detached single family dwelling, the construction of which was begun before January 1, 1975 (hereafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/470

 1786

Retention rights.

P l a n, submittal to c o n g r e s s i o n a l committees. 16 USC 460ff-2.

PUBLIC LAW 93-555-DEC. 27, 1974

[88

STAT.

enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures necessary to the dwelling which are situated on the land so designated, or (ii) property developed for agricultural uses, together with any structures accessory thereto which were so used on or before January 1, 1975. I n determining when and to what extent a property is to be considered an "improved property", the Secretary shall take into consideration the manner of use of such buildings and lands prior to January 1, 1975, and shall designate such lands as are reasonably necessary for the continued enjoyment of the property in the same manner and to the same extent as existed prior to such date. (f) The owner of an improved property, as defined in this Act, on the date of its acquisition, as a condition of such acquisition, may retain for himself, his heirs and assigns, a right of use and occupancy of the improved property for noncommercial residential or agricultural purposes, as the case may be, for a definite term of not more than twentyfive years, or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of its acquisition, less the fair market value on that date of the right retained by the owner. A right retained by the owner pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law upon notification by the Secretary to the holder of the right of such determination and tendering to him the amount equal to the fair market value of that portion which remains unexpired. (g) I n exercising his authority to acquire property under this Act, the Secretary shall give prompt and careful consideration to any offer made by an individual owning property within the recreation area to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship. SEC. 3. (a) Within one year after the date of the enactment of this Act, the Secretary shall submit, in writing, to the Committees on Interior and Insular Aft'airs and to the Committees on Appropriations of the United States Congress a detailed plan which shall indicate: (i) the lands and areas which he deems essential to the protection and public enjoyment of this recreation area, (ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this recreation area, and (iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years, (b) I t is the express intent of the Congress that the Secretary should substantially complete the land acquisition program contemplated by this Act within six years after the date of its enactment.

�

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


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/471

 88 STAT. ]

PUBLIC LAW 93-555-DEC. 27, 1974

1787

ADMINISTRATION

SEC. 4. (a) The Secretary shall administer the recreation area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535) as amended and supplemented (16 U.S.C. 1,2-4). I n the administration of the recreation area, the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this Act. (b) The Secretary may enter into cooperative agreements with the State of Ohio, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies. (c) The authority of the Secretary of the Army to undertake or contribute to water resource development, including erosion control and flood control, on land or waters within the recreation area shall be exercised in accordance with plans which are mutually acceptable to the Secretary of the Interior and the Secretary of the Army and which are consistent with both the purposes of this Act and the purposes of existing statutes dealing with water and related land resource development. (d) The Secretary, in consultation with the Governor of the State of Ohio, shall inventory and evaluate all sites and structures within the recreation area having present and potential historical, cultural, or architectural significance and shall provide for appropriate programs for the preservation, restoration, interpretation, and utilization of them. (e) Notwithstanding any other provision of law, the Secretary is authorized to accept donations of funds, property, or services from individuals, foundations, corporations, or public entities for the purpose of providing services and facilities which he deems consistent with the purposes of this Act. (f) The Secretary may, on his own initiative, or at the request of any local government having jurisdiction over land located within or adjacent to the recreation area, assist and consult with the appropriate officers and employees of such local government in establishing zoning laws or ordinances which will assist in achieving the purposes of this Act. In providing assistance pursuant to this subsection, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which— (1) have the effect of prohibiting the commercial and industrial use (other than a use for commercial farms and orchards) of all real property adjacent to the recreation area; (2) aid in preserving the character of the recreation area by appropriate restrictions on the use of real property in the vicinity including, but not limited to, restrictions upon: building and construction of all types; signs and billboards; the burning of cover; cutting of timber (except tracts managed for sustained yield); removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the aesthetic character of the recreation area; and

16 USC 460ff-3.

^°e°^enfs*'^^ ^^'•^^"'^" ^•

devei^'^menr'^''' ^^^ op™en.

ordinTnc^i^"^^ ""^

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/472

 1788 Notice, hearing.

PUBLIC LAW 93-555-DEC. 27, 1974

(3) have the effect of providing that the Secretary shall receive notice of any hearing for the purpose of granting a variance and any variance granted under, and of any exception made to, the application of such law or ordinance. ADVISORY

Establishment. 16 USC 460ff-4.

Termination date.

Appropriation. 16 USC 460ff-5.

Master plan, submittal to cong r e s s i o n a l committees.

[88 STAT.

COMMISSION

SEC. 5. (a) There is hereby established the Cuyahoga Valley National Recreation Area Advisory Commission (hereafter referred to as the "Commission") which shall be composed of thirteen members to be appointed by the Secretary for terms of five years as follows: (1) two mem'bers to be appointed from recommendations submitted by the Board of Park Commissioners of the Akron Metropolitan P a r k District; (2) two members to be appointed from recommendations submitted by the Board of Park Commissioners of the Cleveland Metropolitan Park District; (3) two members to be appointed from recommendations submitted by the Governor of the State; (4) one from the membership of an Ohio conservation organization; (5) one from the menibership of an Ohio historical society; and (6) five members representing the general public, of which no fewer than three shall be from among the permanent residents and electors of Summit and Cuyahoga Counties. The Secretary shall designate one member of the Cormnission as Chairman and any vacancy shall be filled in the same manner in which the original appointment was made. (b) Members of the Commission shall serve without compensation as such, but the Secretary may pay expenses reasonably incurred by the Commission and reimburse members for reasonable expenses incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairman. (c) The Secretary, or his designee, shall from time to time but at least semiannually, meet and consult with the Advisory Commission on matters relating to the development of the recreation area and with respect to carrying out the provisions of this Act. (d) Unless extended by the Congress, the Commission shall terminate ten years after the date of the establishment of the recreation area. SEC. 6. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not more than $34,500,000 for the acquisition of lands and interests in lands. (b) For the development of essential public facilities there are authorized to be appropriated not more than $500,000. Within one year from the date of establishment of the recreation area pursuant to this Act, the Secretary shall, after consulting with the Governor of the State of Ohio, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the recreation area consistent with the objectives of this Act, indicating: (1) the facilities needed to accommodate the health, safety, and recreation needs of the visiting public; (2) the location and estimated cost of all facilities; and (8) the projected need for any additional facilities within the area. Approved December 27, 1974.

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/33

Rh the youth from the sky, prompt to punish," and so on (Howitt, Journal of the Anthropological Institute, vol. xiii., p. 192). "I could not do that, He would be very angry" (same place). "The All-seeing Spirit saw," and so on (Mrs. Langloh Parker, More Legendary Tales, p. 84). In this case, it is Baiame's messenger who is all-seeing, and tells all to him, who, therefore, knows all. That the Beings observe human conduct, Mr. Hartland, perhaps, will admit, whether Pundjel does so from a stellar observatory or not. "Creator"—of that point I give evidence in a future page. "Judge"—as to that, Mr. Howitt's evidence seems sufficient; more will be offered as we advance. Thus, of my rhetoric, "eternal" is overstrained. When, in my rhetorical mood, I used the term "Omniscient," I did not mean that Baiame, for instance, was supposed to know the inner verity about the Röntgen rays, or even to know the future. I was thinking of him, or Daramulun, in relation to his knowledge of human conduct: in fact, as Mr. Hartland says, I was "rhetorical." Of the other ideas, I may say that the attributes of the Beings, as given by me, seem precisely such as we, when children, could entertain as a result of Christian teaching. Mr. Tylor, we shall see, is so much impressed by all this, that he regards Christian teaching as their source, a question to which I shall return. Meanwhile, if Mr. Tylor (who is not on my side here) regards these beliefs as of Christian origin, I may surely state them in the Christian terms which I "rhetorically" use, after offering that explanation of my rhetoric which I ought to have given before.

Well, even on my present statement, perhaps Mr. Hartland will think that the belief (as qualified above) in "a moral, eternal, omniscient Creator and Judge" is "antecedently improbable." The tribes cannot count up to seven; how then could they evolve such ideas? This raises that interesting and important question, Of what are "the high mental faculties of early man" (as Mr. Darwin says)


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/473

 88 STAT. ]

PUBLIC LAW 93-556-DEC. 27, 1974

1789

Public Law 93-556 AN

ACT

December 27, 1974 [ H. R. 16424]

To establish a Commission on Federal Paperwork. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

DECLARATION OF PURPOSE

Commission on Federal Paperwork. Establishment.

44 1. (a) The Congress hereby finds that Federal information ^ ote. u s e reporting requirements have placed an unprecedented paperwork burden upon private citizens, recipients of Federal assistance, businesses, governmental contractors, and State and local governments. (b) The Congress hereby affirms that it is the policy of the Federal Government to minimize the information reporting burden, consistent with its needs for information to set policy and operate its lawful programs. (c) The Congress hereby determines that a renewed effort is required to assure that this policy is fully implemented and that it is necessary to reexamine the policies and procedures of the Federal Government which have an impact on the paperwork burden for the purpose of ascertaining what changes are necessary and desirable in its information policies and practices.

SECTION

ESTABLISHMENT

OF THE

COMMISSION

SEC. 2. To accomplish the purpose set forth in the first section of this Act, there is hereby established a Commission on Federal Paperwork (hereinafter referred to as the "Commission"). FUNCTIONS

OF THE

3501

'*'' use 3soi

COMMISSION

SEC. 3. (a) The Commission shall study and investigate statutes, policies, rules, regulations, procedures, and practices of the Federal Government relating to information gathering, processing, and dissemination, and the management and control of these information activities. The Commission shall consider— (1) the nature and extent of current Federal requirements for information from other public and private entities; (2) the effect of existing statutes on the information requirements of the Federal Government and authorities of existing Federal agencies to collect information; (3) the nature and extent of management and control over the determination of Federal information needs and the choice of information gathering, processing, and dissemination methods; (4) the nature and extent to which Federal agencies cooperate with State and local governments and private agencies in collecting, processing, and disseminating information; (5) the procedures used and the extent to which considerations of economy and efficiency impact upon Federal information activities, particularly as these matters relate to costs burdening the Federal Government and providers of information; (6) the ways in which policies and practices relating to the maintenance of confidentiality of inforaiation impact upon Federal information activities; and (Y) such other matters as the Commission may decide affect Federal reporting requirements, (b) The Commission shall ascertain what changes are possible and desirable in existing statutes, policies, rules, regulations, procedures, and practices relating to Federal information activities in order to—

44 USC 3501 note.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/474

 1790

Final report to Congress and President,

Interim reports and recommendations.

Report to Congress and President.

PUBLIC LAW 93-556-DEC. 27, 1974

[88 STAT.

(1) assure that necessary information is made available to Federal officials and those acting on behalf of Federal officials; (2) minimize the burden imposed by Federal reporting requirements on private citizens, recipients of Federal assistance, businesses, governmental contractors, and State and local governments; (3) guarantee appropriate standards of confidentiality for information held by private citizens or the Federal Government, and the release thereof; (4) provide that information held by the Federal Government is processed and disseminated to maximize its usefulness to all Federal agencies and the public; (5) reduce the duplication of information collected by the Federal Government and by State and local governments and other collectors of information; and (6) reduce the costs of Federal paperwork. (c) The Commission shall make a final report to the Congi'ess and the President within two years of the date of the first meeting of the Commission. The final report shall contain a review of its findmgs and its recommendations for changes in statutes, policies, rules, regulations, procedures and practices. In the event Congress is not in session at the end of such two-year period, the final report shall be submitted to the Clerk of the House and the Secretary of the Senate. The Commission may make such interim reports and recommendations as it deems advisable. (d) Upon submission of the Commission's final report, the Office of Management and Budget, in coordination with the executive agencies, shall take action to (1) formulate the views of the executive agencies on the recommendations of the Commission; (2) to the extent practicable within the limits of their authority and resources, carry out recommendations of the Commission in which they concur; and (3) propose legislation needed to carry out or to provide authority to carry out other recommendations of the Commission in which they concur. At least once every six months, the Office of Management and Budget shall report to the Congress and the President on the status of action taken or to be taken as provided herein. A final report shall be submitted within two years. MEMBERSHIP OF THE COMMISSION

44 USC 3501 note.

SEC. 4. (a) The Commission shall be composed of fourteen members, as follows: (1) two Members of the Senate (who shall not be members of the same political party) appointed by the President of the Senate; (2) two Members of the House of Ilepresentatives (who shall not be members of the same political party) appointed by the Speaker of the House of Representatives; (3) the Director of the Office of Management and Budget and one other official or employee of the executive branch of the Federal Government appointed by the President of the United States; (4) the Comptroller General of the United States; (5) two from among officials of State and local governments (who shall not be members of the same political party) appointed by the President of the United States; and (6) five from among persons in the private sector, including small business, labor, and other interested groups (no more than three of whom shall be of the same political party), appointed by the President of the United States.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/475

 88

STAT.]

1791

PUBLIC LAW 93-556-DEC. 27, 1974

(b) The Commission shall select a Chairman and a Vice Chairman from among its members. (c) Seven members of the Commission shall constitute a quorum. (d) Any vacancies in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. COMPENSATION OF MEMBERS OF THE COMMISSION

SEC. 5. (a) Except as provided in subsection (b), members of the Commission shall each receive as compensation the daily equivalent of the annual rate of basic pay in effect for grade GS-18 for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (b) Members of the Commission who are Members of Congress or who are full-time officers or employees of the United States shall receive no additional compensation for their service on the Commission. (c) While away from their homes or regular places of business in the performance of service for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 6 of the United States Code.

44 USC 3501 note. 5 USC 5332 note.

Travel expenses.

POWERS o r THE COMMISSION

SEC. 6. (a) The Commission, or at its direction, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence and administer such oaths, as the Commission or such subcommittee or member may deem advisable. Such attendance of witnesses and the production of such evidence may be required from any place within the United States at any designated place of hearing within the United States. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission or before such subcommittee or member. (b)(1) The Commission may require by subpenas the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers and documents as the Commission may deem advisable. Subpenas may be issued under the signature of the Chairman or Vice Chairman and may be served by any person designated by the Chairman or Vice Chairman. The subpenas of the Commission shall be served in a manner provided for subpenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (2) If a person issued a subpena under paragraph (1) is guilty of contumacy or refuses to obey such subpena, any district court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which such person is found or resides or transacts business may, upon application made by the Attorney General of the United States, order such person to appear before the Commission or a subcommittee or member thereof, to produce evidence or to give testimony touching the matter under inquiry. Any failure of any such person to obey any such order of the court may be punished by such court as a contempt thereof. (3) Notwithstanding paragraphs (1) and (2), a person shall be excused from testifying or from producing such books, records, correspondence, memoranda, papers or documents or other evidence in obedience to a subpena if such person states in writing to the court ordering his attendance and testimony that the required testimony or

Hearings. 44 USC 3501 note.

Subpena power,,

28 USC app. Enforcement and punishment.

Exceptions.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/476

 1792

PUBLIC LAW 93-557-DEC. 27, 1974

[88 STAT.

evidence may tend to incriminate him or subject him to a criminal penalty. Compensation. ^g) The Commission may appoint and fix the compensation of such personnel as it deems advisable without regard to the provisions of 5 USC 101 et title 5, United States Code, governing appointments in the competitive seq. service, and such personnel may be paid without regard to the pro5 USC 5101, visions of chapter 51 and subchapter III of chapter 5S of such title 5331 relating to classification and General Schedule pay rates, but at a rate not to exceed the maximum rate authorized by the General Schedule. In addition, the Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for the maximum rate authorized by the General Schedule. Contract au(d) The Commission is authorized to negotiate and enter into conthority. tracts with private organizations and educational institutions to carry out such studies and prepare such reports as the Commission determines are necessary in order to carry out its duties. COOPERATION WITH FEDERAL AGENCIES 44 USC 3501

gEQ_ 7, ^a) Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Commission, upon request made by the Chairman, such data, reports, and other information not otherwise prohibited by law as the Commission deems necessary to carry out its functions under this Act. (b) The head of each department or agency of the Federal Government is authorized to provide to the Commission such services as the Commission requests on such basis, reimbursable or otherwise, as may be agreed between the department or agency and the Chairman or Vice Chairman of the Commission. All such requests shall be made by the Chairman or Vice Chairman of the Commission. TERMINATION OF THE

44 USC 3501 note.

COMMISSION

SEC. 8. One hundred and twenty days after the submission of the final report provided for in section 3 of this Act, the Commission shall cease to exist. AUTHORIZATION OF APPROPRIATIONS

44 USC 3501 note.

SEC. 9. There are hereby authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this Act. Approved December 27, 1974. Public Law 93-557

December 27, 1974

• American Le-

^'Membership eligibility.

AN

ACT

To amend the Act incorporating the American Legion so a s to redefine eligibility for membership therein.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Act entitled "An Act to incorporate the American Legion", approved September 16, 1919 (41 Stat. 285; 36 U.S.C. 45), is hereby amended to read as follows: "SEC. 5. No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/477

 88 STAT. ]

PUBLIC LAW 93-558-DEC. 30, 1974

1793

November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; August 5, 1964, to August 15, 1973; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.". Approved December 27, 1974. Public Law 93-558 AN ACT To amend title 10, United States Code, to provide that commissioned officers of the Army in regular grades below major may be involuntarily discharged whenever there is a reduction in force. Be it enacted by the Senate and House of Rejrresentatives of the United States of America in Congress assembled, That chapter 361 of title 10, United States Code, is amended by inserting the following new section after section 3814, and inserting a corresponding new item in the chapter analysis: lieutenants, and captains; discharge during a reduction in force " (a) Lender regulations prescribed by the Secretary of the Army, whenever he determines that a reduction in the active duty officer personnel strength of the Army is required, he is authorized to remove from the active list of the Regular Army any commissioned officer below the grade of major, if such officer is recommended for removal from the active list by a board of officers appointed by the Secretary of the Army, or his designee, for the purpose of recommending the removal of officers from the active list. " (b) Any officer selected for removal from the active list of the Regular Army under subsection (a) shall— "(1) if he is eligible, and so requests, be retired under section 3911 of this title on the date requested by him and approved by the Secretary, but not later than ninety days after such officer receives notification that he is to be removed from the active list of the Regular Army; "(2) if he is not eligible for retirement under section 3911 of this title, but is eligible for retirement under any other provision of law, be retired under that law on the date requested by him and approved by the Secretary, but not later than ninety days after the date such officer receives notification that he is to be removed from the active list of the Regular Army; or "(3) if he is not eligible for retirement under section 3911 of this title or any other provision of law, or does not request retirement under section 3911 of this title or under any other provision of law if he is eligible, be honorably discharged on the date requested by him and approved by the Secretary, but not later than ninety days after the date such officer receives notification that he is to be removed from the active list of the Regular Army, and be granted a readjustment payment as provided in subsection (c) of this section.
 * '§ S814a. Regular commissioned officers; second lieutenants, first

December 30, 1974 [S.3191]

Armed Forces. Certain commissioned offic e r s, involuntary discharge. 10 USC 3814a.

10 USC 3911.

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/34

8 capable? In the instance of the Australians, in practical matters they "show conspicuous ability;" there are other directions in which they are as conspicuously deficient, "This is, perhaps, shown most clearly in the matter of counting," seldom going beyond four. "Their mental powers are simply developed along the lines which are of service to them in their daily life." Now we think arithmetic of indispensable service in daily life; religion by no means so. In practical life, however, the religious conceptions of the Australians are indispensable to the structure of their society. Daramulun and Co. ("under many names one form," as Mr. Howitt shows) keep the women and the young people in order, and the secrets of their mysteries are guarded by capital punishment. Tribal society notoriously falls to pieces without the beliefs which I have stated. Now their "mental powers, developed along the lines which are of service to them in daily life," we are told are "of conspicuous ability." Our Voltairean predecessors would, therefore, have argued that native "powers of conspicuous ability" had here taken the serviceable shape of informal priestcraft, and had evolved religious ideas for political purposes, as Maitland of Lethington was accused of calling the existence of a deity "a bogle of the nursery." Thus the old men would develop the idea of a bogle, who "can see all you do," can punish you now or after death, or both, who is, in fact, so far moral and knowing and potent. Perhaps Mr. Hartland will admit that "reasoning" might go to this extent, even if the savages (whose marriage laws, by the way, "might puzzle a mathematician") cannot count up to seven? I do not know if high mental powers were needed to frame these marriage laws, but to understand them demands powers unspeakably higher than mine. Once more, the Arunta can hardly count up to five, but they have a conception of beings whose name means "Out of Nothing," or "Self-existing"


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/478

 1794 Readjustment pay.

Limitation.

Twenty-year service retirement pay, deduction. 14 USC 1 et seq.

Nonapplicability.

10 USC 3781, 3791

10

use 3814.

Effective date. 10 USC 3814a note.

PUBLIC LAW 93-558-DEC. 30, 1974

[88 STAT.

" (c)(1) Any officer discharged under subsection (b)(3) and who has completed, immediately before his discharge, at least five years of continuous active duty is entitled to a readjustment payment computed by multiplying his years of active service, but not more than eighteen, by two months' basic pay of the grade in which he is serving on the date of his discharge. Such an officer may not be paid more than two years' basic pay of the grade in which he is serving at the time of his discharge or $15,000, whichever amount is the lesser. "(2) For the purpose of computing the amount of a readjustment payment under subsection (b)(3), a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. " (d) If any officer who received a readjustment payment under this section qualifies for retired pay under any provision of this title or title 14 that authorizes his retirement upon completion of twenty years of active service, an amount equal to 75 per centum of that payment, without interest, shall be deducted immediately from his retired pay, "(e) This section does not apply to any officer who is required to be discharged or retired for failure of promotion to the grade of first lieutenant, captain, or major under section 3298 or 3303, as appropriate, or who is found to be disqualified for promotion under section 3302 of this title. "(f) When, under regulations prescribed by the Secretary, any officer has been recommended for removal from the active list of the Regular Army under chapter 359 or 360 of this title, and that recommendation has been received by headquarters. Department of the Army, or when, under regulations prescribed by the Secretary, any officer has been selected by headquarters, Department of the Army, for discharge under section 3814 of this title, such officer may not be considered for removal from the active list under this section. However, any action by any headquarters subordinate to headquarters, Department of the Army, with respect to proceedings for the consideration of any officer for discharge under chapter 359 or 360 or section 3814 of this title shall not prevent consideration for removal of such officer from the active list under this section. Further, the removal of any officer from the active list under this section is not prevented if such officer was previously considered for discharge under chapter 359 or 360 of this title and was recommended for retention under such provision of law or if such officer was recommended for discharge under section 3814 but was not discharged under authority of such section. " (g) Under regulations prescribed by the Secretary, any regular officer who is within two years of becoming eligible for retired pay may not be involuntarily discharged under this section before he becomes eligible for that pay, unless his discharge is approved by the Secretary.". SEC. 2. This Act is effective on the date of enactment and expires three years after that date. Approved December 30, 1974.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/479

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1795

Public Law 93-559 AN ACT To amend the Foreign Assistance Act of 1961, and for other purposes.

December 30, 1974 [s.3394]

Be it enacted by the Senate and House of Representatives of the Foreign AssistUnited States of America in Congress assembled, That this Act may ance Act of 1974., be cited as the "Foreign Assistance Act of 1974". "'•j'a" use 2*151 note. FOOD AND JSrUTRITION

SEC. 2. Section 103 of the Foreign Assistance Act of 1961 is amended— (1) by inserting the subsection designation " (a) " immediately before " I n "; (2) by striking out "$291,000,000 for each of the fiscal years 1974 and 1975" and inserting in lieu thereof "$291,000,000 for the fiscal year 1974, and $500,000,000 for the fiscal year 1975"; and (3) by adding at the end thereof the following: " (b) The Congress finds that, due to rising world food, fertilizer, and petroleum costs, human suffering and deprivation are growing in the poorest and most slowly developing countries. The greatest potential for significantly expanding world food production at relatively low cost lies in increasing the productivity of small farmers who constitute a majority of the nearly one billion people living in those countries. Increasing the emphasis on rural development and expanded food production in the poorest nations of the developing world is a matter of social justice as well as an important factor in slowing the rate of inflation in the industrialized countries. I n the allocation of funds under this section, special attention should be given to increasing agricultural production in the countries with per capita incomes under $300 a year and which are the most severely affected by sharp increases in worldwide commodity prices."

22 USC 21Sla.

,.,

/

CEILING ON FERTILIZERS TO SOUTH VIETNAM

SEC. 3. (a) None of the moneys made available under the Foreign 22 USC 2175a. Assistance Act of 1961 or the Foreign Assistance Act of 1974 may be 22 USC 2151 used, beginning on the date of enactment of this section, during fiscal ^°s^pra. year 1975 to procure agricultural fertilizers for, or to provide such fertilizers to, South Vietnam, (b) During each fiscal year after fiscal year 1975, of the total amount obligated or expended for such fiscal year under the Foreign Assistance Act of 1961 to procure agricultural fertilizers for, or to provide such fertilizers to, foreign countries, not more than one-third of such amount may be obligated or expended to procure such fertilizers for, or provide such fertilizers to, South Vietnam. POPULATION PLANNING

SEC, 4, The Foreign Assistance Act of 1961 is amended as follows: (1) I n section 104, strike out "$145,000,000 for each of the fiscal 22 USC 2151b. years 1974 and 1975" and insert in lieu thereof "$145,000,000 for the fiscal year 1974, and $165,000,000 for the fiscal year 1975". (2) I n section 292, strike out "$130,000,000" and insert in lieu 22 USC 2219a. thereof "$150,000,000".

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/480

 1796

PUBLIC LAW 93-559-DEC. 30, 1974 EDUCATION

22 USC 2151c.

AND H U M A N

22 USC 2151,

OF LOAN

22 USC 2183.

RECEIPTS

SEC. 6. Section 203 of the P^oreign Assistance Act of 1961 is amended by adding at the end thereof the following: "On and after July 1, 1975, none of the dollar receipts paid during any fiscal year from loans made pursuant to this part or from loans made under predecessor foreign assistance legislation are authorized to be made available during any fiscal year for use for purposes of making loans under chapter 1 of this part. All such receipts shall be deposited in the Treasury as miscellaneous receipts." HOUSING

22 USC 2 1 8 1.

RESOURCP:S DEVELOPMENT

SEC. 5. Section 105 of the Foreign Assistance Act of 1961 is amended by striking out "$90,000,000 for each of the fiscal years 1974 and 1975" and inserting in lieu thereof "$90,000,000 for the fiscal year 1974, and $92,000,000 for the fiscal year 1975". DISPOSITION

22 USC 2 1 6 3.

[88 STAT.

GUARANTIES

SEC. 7. The Foreign Assistance Act of 1961 is amended as follows: (1) I n section 221, strike out "$305,000,000" and insert in lieu thereof "$355,000,000". (2) I n section 223(i), strike out "June 30, 1975" and insert in lieu thereof "June 30, 1976". AGRICULTURAL CREDIT PROGRAMS

SEC. 8. (a) Title III of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by striking out the title heading and inserting in lieu thereof the following: "TITLE III—HOUSING AND OTHER CREDIT GUARANTY PROGRAMS";

22 USC 2182a.

Guaranties. 22 USC 2151.

(2) by inserting immediately after section 222 the following new section: "SEC, 222A. Agricultural and Productive Credit and Self-Help Community Development Programs.— (a) I t is the sense of the Congress that in order to stimulate the participation of the private sector in the economic development of less-developed countries in Latin America, the authority conferred by this section should be used to establish pilot programs in not more than five Latin American countries to encourage private banks, credit institutions, similar private lending organizations, cooperatives, and private nonprofit development organizations to make loans on reasonable terms to organized groups and individuals residing in a community for the purpose of enabling such groups and individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. Agricultural credit and assistance for self-help community development projects should include, but not be limited to, material and such projects as wells, pumps, farm machinery, improved seed, fertilizer, pesticides, vocational training, food industry development, nutrition projects, improved breeding stock for farm animals, sanitation facilities, and looms and other handicraft aids. " (b) To carry out the purposes of subsection (a), the agency primarily responsible for administering part I is authorized to issue guar-

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/481

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1797

anties, on s-cli terms and conditions as it shall determine, to private lending institutions, cooperatives, and private nonprofit development organizations in not more than five Latin American countries assuring against loss of not to exceed 50 per centum of the portfolio of such loans made by any lender to organized groups or individuals residing in a community to enable such groups or individuals to carry out agricultural credit and self-help community development projects for which they are unable to obtain financial assistance on reasonable terms. I n no event shall the liability of the United States exceed 75 per centum of any one loan. "(c) The total face amount of guaranties issued under this section limitation. outstanding at any one time shall not exceed $15,000,000. Not more than 10 per centum of such sum shall be provided for any one institution, cooperative, or organization. " (d) The Inter-American Foundation shall be consulted in developing criteria for making loans eligible for guaranty coverage in Latin America under this section. "(e) Not to exceed $3,000,000 of the guaranty reserve established under section 223(b) shall be available to make such payments as may 22 USC 2183. be necessary to discharge liabilities under guaranties issued under this section or any guaranties previously issued under section 240 of this Act. 22 USC 2200. "(f) Funds held by the Overseas Private Investment Corporation pursuant to section 236 may be available for meeting necessary admin- 22 USC 2196. istrative and operating expenses for carrying out the provisions of this section through June 30, 1976. " (g) The Overseas Private Investment Corporation shall, upon. ^""^"^0^3 °^„d enactment of this subsection, transfer to the agency primarily respon- asseTs.'°" sible for administering part I all obligations, assets, and related rights and responsibilities arising out of, or related to the predecessor program provided for in section 240 of this Act. " (h) The authority of this section shall continue until December 31, Termination of IQYY

authority.

" (i) Notwithstanding the limitation in subsection (c) of this section, Excess foreign foreign currencies owned by the United States and determined by the '^""^"'^y' "^^• Secretary of the Treasury to be excess to the needs of the United States may be utilized to carry out the purposes of this section, including the discharge of liabilities under this subsection. The authority conferred by this subsection shall be in addition to authority conferred by any other provision of law to implement guaranty programs utilizing excess local currency. " (j) The President shall, on or before January 15, 1976, make a rfs^J'"'^* *° ^°"" detailed report to the Congress on the results of the program estab- ^"^^^^^ lished under this section, together with such recommendations as he may deem appropriate.": (3) by striking out "section 221 or section 222" in section 223 22 USC 2183. (a) and inserting "section 221, 222, or 222A" in lieu thereof; (4) by striking out "this title" in section 223(b) and inserting "section 221 and section 222" in lieu thereof; and (5) by striking out "section 221 or section 222" in section 223 (d) and inserting "section 221, 222, 222A, or previously under section 240 of this Act" in lieu thereof. (b) Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by striking out section 240. 22 USC 2200.

38-194 O - 76 - 31 Pt. 2

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/482

 1798

PUBLIC LAW 93-559-DEC. 30, 1974

[88

STAT.

INTERNATIONAL ORGANIZATIONS A N D PROGRAMS 22 USC 2222.

International Atomic Energy Agency.

Report to Congress.

United Nations Educational, Scientific, and Cultural Organization.

SEC. 9. (a) Section 302 of the Foreign Assistance Act of 1961 is amended— (1) by striking out "for the fiscal year 1975, $150,000,000" in subsection (a) and inserting in lieu thereof "for the fiscal year 1975, $165,000,000"; and (2) by adding at the end thereof the following new subsections: " (g) Of the funds made available to carry out this chapter for fiscal year 1975, in addition to any other such funds to be made available for contributions to the International Atomic Energy Agency, not less than $500,000 shall be made available to such Agency as technical assistance in kind. However, a reasonable amount of funds authorized under this section shall be made available in fiscal year 1975 to strengthen international procedures which are designed to prevent the unauthorized dissemination or use of nuclear materials. The President shall report to the Congress not later than July 1, 1975, concerning actions taken by the United States to strengthen the procedures described under the preceding sentence. " (h) Congress directs that no funds should be obligated or expended, directly or indirectly, to support the United Nations Educational, Scientific, and Cultural Organization until the President certifies to the Congress that such Organization (1) has adopted policies which are fully consistent with its educational, scientific, and cultural objectives, and (2) has taken concrete steps to correct its recent actions of a primarily political character." MILITARY ASSISTANCE AUTHORIZATIONS

22 USC 2312.

SEC. 10. Section 504(a) of the Foreign Assistance Act of 1961 is amended— (1) by striking out "$512,500,000 for the fiscal year 1974" and inserting in lieu thereof "$600,000,000 for the fiscal year 1975"; and (2) by striking out "(other than training in the United States)" and inserting in lieu thereof "(other than (1) training in the United States, or (2) for Western Hemisphere countries, training in the United States or in the Canal Zone)". SPECIAL

22 USC 2318.

AUTHORITY

SEC. 11. Section 506(a) of the Foreign Assistance Act of 1961 is amended— (1) by striking out "the fiscal year 1974" in each place it appears and inserting in lieu thereof "the fiscal year 1975" in each such place; and (2) by striking out "$250,000,000" and inserting in lieu thereof "$150,000,000". MILITARY ASSISTANCE AUTHORIZATIONS FOR SOUTH VIETNAM

22 USC 2321f.

22 USC 2751

SEC. 12. Section 513 of the Foreign Assistance Act of 1961 is amended as follows: (1) Strike out "Thailand and Laos" in the caption and insert in lieu thereof "Thailand and Laos, and South Vietnam". (2) A t the end thereof add the following new subsection: " (c) After June 30, 1976, no military assistance shall be furnished by the United States to South Vietnam directly or through any other foreign country unless that assistance is authorized under this Act or the Foreign Military Sales Act."

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/483

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1799

EXCESS D E F E N S E ARTICLES

SEC. 13. (a) Section 8 of the Act entitled "An Act to amend the Foreign Military Sales Act, and for other purposes", approved January 12, 1971 (22 U.S.C. 2321b), is amended— (1) by striking out "$150,000,000" in subsection (b) and inserting "$100,000,000" in lieu thereof; and (2) by inserting immediately before the period in subsection (c) the following: "; except that for any excess defense article such term shall not include a value for any such article which is less than 33% percent of the amount the United States paid for such article when the United States acquired it". EXCESS D E F E N S E ARTICLE VALUE I N A N N U A L REPORT

SEC. 14. Section 634(d) of the Foreign Assistance Act of 1961 is amended by striking out "including economic assistance and military grants and sales" and inserting in lieu thereof the following: "including economic assistance, military grants (and including for any such grant of any excess defense article, the value of such article expressed in terms of its acquisition cost to the United States), and military sales". S TO C K P I L I N G OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES

SEC. 15. Chapter 2 of part II of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 514. Stockpiling of Defense Articles for Foreign Countries.—(a) Notwithstanding any other provision of law, no funds, other than funds made available under this chapter or section 401(a) of Public Law 89-367 (80 Stat. 37), or any subsequent corresponding legislation, may be obligated for the purpose of stockpiling any defense article or war reserve material, including the acquisition, storage, or maintenance of any war reserve equipment, secondary items, or munitions, if such article or material is set aside, reserved, or in any way earmarked or intended for future use by any foreign country under this Act or such section. "(b) The cost of any such article or material set aside, reserved, or in any way earmarked or intended by the Department of Defense for future use by, for, or on behalf of the country referred to in section 401(a)(1) of Public Law 89-367 (80 Stat. 37) shall be charged against the limitation specified in such section or any subsequent corresponding legislation, for the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked or intended; and the cost of any such article or material set aside, reserved or in any way earmarked or intended for future use by, for, or on behalf of any other foreign country shall be charged against funds authorized under this chapter for the fiscal year in which such article or material is set aside, reserved, or otherwise earmarked. No such article or material may be made available to or for use by any foreign country unless such article or material has been charged against the limitation specified in such section, or any subsequent corresponding legislation, or against funds authorized under this chapter, as appropriate." M I L I T A R Y A S S I S T A N C E ADVISORY GROUPS A N D

22 USC 2394.

MISSIONS

SEC. 16. Chapter 2 of part II of the Foreign Assistance Act of 1961 is further amended by adding at the end thereof the following new section:

22 USC 232ih.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/484

 1800

PUBLIC LAW 93-559-DEC. 30, 1974

22 USC 23211. 22 USC 2312.

[88 STAT.

"SEC. 515. Military Assistance Advisory Groups and Missions.— Effective July 1, 1976, an amount equal to each sum expended under any provision of law, other than section 504 of this Act, with respect to any military assistance advisory group, military mission, or other organization of the United States performing activities similar to such group or mission, shall be deducted from the funds made available under such section 504, and (1) if reimbursement of such amount is requested by the agency of the United States Government making the expenditure, reimbursed to that agency, or (2) if no such reimbursement is requested, deposited in the Treasury as miscellaneous receipts." REVIEW OF M I L I T A R Y ASSISTANCE PROGRAM

22 USC 2311 note.

22 USC 2311.

Reduction and submittal to Congress.

elimination plan,

SEC. 17. (a) I t is the sense of Congress that the policies and purposes of the military assistance program conducted under chapter 2 of part II of the Foreign Assistance Act of 1961 should be reexamined in light of changes in world conditions and the economic position of the United States in relation to countries receiving such assistance; and that the program, except for military education and training activities, should be reduced and terminated as rapidly as feasible consistent with the security and foreign policy requirements of the United States. /|^\ j ^ order to give effect to the sense of Congress expressed in sub\.' ,., _=> ' • », » •, • , -t, i -Pi ,t e^ i • _e section (a), the President is directed to submit to the first session of ^jjg Q^^jj CongTcss a detailed plan for the reduction and eventual elimination of the present military assistance program. SECURITY S U P P O R T I N G

22 USC 2346a.

SEC. 18. Section 532 of the Foreign Assistance Act of 1961 is amended by striking out "for the fiscal year 1974 not to exceed $125,000,000, of which not less than $50,000,000 shall be available solely for Israel" and inserting in lieu thereof "for the fiscal year 1975 not to exceed $660,000,000". TRANSFER

22 USC 2360.

Post,

p. 1801.

22 USC 2364. ^"P'^'

BETA\'EEN

ACCOUNTS

SEC. 19. (a,) Section 610 of the Foreign Assistance Act of 1961 is amended as follows: (1) I n subsection (a), immediately after "any other provision of this Act", insert "(except funds made available under chapter 2 of part II of this Act)". (2) Add at the end thereof the following new subsection: "(c) Any funds which the President has notified Congress pursuant to section 653 that he intends to provide in military assistance to any country may be transferred to, and consolidated with, any other funds he has notified Congress pursuant to such section that he intends to provide to that country for development assistance purposes." (b) Section 614 of such Act is amended by adding at the end of subsection (a) the following: "The authority of this section shall not be used to waive the limitations on transfers contained in section 610(a) of this Act.". LIMITATION

22 USC 2151m.

ASSISTANCE

ON USE OF

FUNDS

SEC. 20. Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 115. Prohibiting Use of Funds for Certain Countries.—(a) None of the funds made available to carry out this chapter may be used in any fiscal year for any country to which assistance is furnished in such fiscal year under chapter 4 of part II (security supporting

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/485

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

assistance), part V (assistance for relief and reconstruction of South Vietnam, Cambodia, and Laos), part VI (assistance for Middle East peace) of this Act, or section 36 of the Foreign Assistance Act of

1801

22 USC 2346, 2431,

1974.

Post, p. 1812

" (b) The prohibition contained in subsection (a) may not be waived under section 614(a) of this Act or under any other provision of law. "(c) This section shall not apply to funds made available under section 104 for purposes of title X of chapter 2 of this part (programs relating to population growth), funds made available for humanitarian assistance through international organizations, and funds obligated for regional programs."

^°^[l^\\^^°J "" "'^^ "^"^

CHANGE I N

ALLOCATION OF FOREIGN

22 USC 2364.

Ante, p. 1795.. 22 USC 2219.

ASSISTANCE

SEC. 21. Section 653 of the Foreign Assistance Act of 1961 is 22 USC 2413. amended— (1) by striking out all after the period at the end of the first sentence of subsection (a); and (2) by redesignating subsection (b) as subsection (c) and by inserting immediately after subsection (a) the following new subsection: " (b) Notwithstanding any other provision of law, no military grant assistance security supporting assistance, assistance under chapter 1 of part I of this Act, or assistance under part V of this Act, may be ^^^^ ^^^ ^isi, furnished to any country or international organization in any fiscal year, if such assistance exceeds by 10 percent or more the amount of such military grant assistance, security supporting assistance, assistance under chapter 1 of part I of this Act, or assistance under part V of this Act, as the case may be, set forth in the report required by subsection (a) of this section, unless— "(1) the President reports to the Congress, at least ten days Report to prior to the date on which such excess funds are provided, the ""S""^^^country or organization to be provided the excess funds, the amount and category of the excess funds, and the justification for providing the excess funds; and "(2) in the case of military grant assistance or security supporting assistance, the President includes in the report, under paragraph (1) his determination that it is in the security interest of the United States to provide the excess funds. This subsection shall not apply if the excess funds provided in any fiscal year to any country or international organization for any category of assistance are less than $1,000,000." S U S P E N S I O N OF M I L I T A R Y A S S I S T A N C E TO T U R K E Y

SEC. 22. Section 620 of the Foreign Assistance Act of 1961 is amended ^^ ^^"^ 2^^°by adding at the end thereof the following new subsection: " (x) All military assistance, all sales of defense articles and services (whether for cash or by credit, guaranty, or any other means), and all licenses with respect to the transportation of arms, ammunitions, and implements of war (including technical data relating thereto) to the Government of Turkey, shall be suspended on the date of enactment of this subsection unless and until the President determines and certifies to the Congress that the Government of Turkey is in compliance with the Foreign Assistance Act of 1961, the Foreign 22 USC 2151 Military Sales Act, and any agreement entered into under such Acts, "°22*use 2751 and that substantial progress toward agreement has been made regard- note. ing military forces in Cyprus: Provided, That the President is authorized to suspend the provisions of this section and such Acts if he

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/486

 1802

PUBLIC LAW 93-559-DEC. 30, 1974

[88 STAT.

determines that such suspension will further negotiations for a peaceful solution of the Cyprus conflict. Any such suspension shall be effective only until February 5, 1975, and only if, during that time, Turkey shall observe the ceasefire and shall neither increase its forces on Cyprus nor transfer to Cyprus any United States supplied implements of war." P R O H I B I T I O N S ON AID TO N A T I O N S TRADING W I T H N O R T H 22 USC 2370.

VIETNAM

SEC. 23. Section 620 of the Foreign Assistance Act of 1961 is amended by inserting before the period in subsection (n) the following: ", unless the President determines that such loans, credits, guaranties, grants, other assistance, or sales are in the national interest of the United States". ASSISTANCE TO GREECE

K^p^ai.

gj^^ 24. Section 620(v) of the Foreign Assistance Act of 1961 is repealed. LIMITATION

22 USC 2370 note. 22 USC 2151 note, 2751 note.

U P O N ASSISTANCE TO OR FOR

CHILE

SEC. 25. Notwithstanding any other provision of law, the total amount of assistance that may be made available for Chile under the Foreign Assistance Act of 1961, and the Foreign Military Sales Act during fiscal year 1975, may not exceed $25,000,000, none of which may be made available for the purpose of providing military assistance (including security supporting assistance, sales, credit sales, or guaranties or the furnishing by any means of excess defense articles or items from stockpiles of the Department of Defense). L I M I T A T I O N ON M I L I T A R Y ASSISTANCE A N D EXCESS D E F E N S E ARTICLES TO X KOREA

22 USC 2370 note. 22 USC 2311 22 USC 2301

22 USC 2763. 22 USC 2764.

!l!,^°Io'°

Congress.

22 USC 2318 2364.

SEC. 26. (a) The aggregate amount of— (1) funds obligated or reserved for military assistance, including supply operations, under chapter 2 of part II of the Foreign Assistance Act of 1961; (2) the acquisition cost of excess defense articles, if any, ordered under part II of the Foreign Assistance Act of 1961 and not charged against appropriations for military assistance; (3) credits, including participations in credits, extended pursug^j^^ ^^ section 23 of the Foreign Military Sales Act; and (4) the principal amount of loans guaranteed pursuant to section 24(a) of the Foreign Military Sales Act; with respect to South Korea shall not exceed $145,000,000 for fiscal year 1975 until the President submits a report to the Congress after the date of enactment of this Act stating that the government of South Korea is making substantial progress in the observance of internationaly recognized standards of human rights. (b) After the submission of the report under subsection (a), the aggregate amount described in paragraphs (1), (2), (3), and (4) of such subsection with respect to South Korea shall not exceed $165,000,000 for fiscal year 1975. (c) The provisions of section 506 and section 614 of the Foreign Assistance Act of 1961, or of any other law, may not be used to exceed the limitation under subsection (a) or (b). LIMITATION

22 USC 2370 note.

ON ASSISTANCE

FOR

INDIA

SEC. 27. The total amount of assistance provided under the Foreign Assistance Act of 1961 and of credit sales made or guaranteed under

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/487

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1803

the Foreign Military Sales Act for India shall not exceed $50,000,000 in fiscal year 1975. F A M I N E OR DISASTER

22 USC 2751 note.

RELIEF

SEC. 28. (a) Section 639 of the Foreign Assistance Act of 1961, 22 USC 2399. dealing with famine or disaster relief, is amended to read as follows: "SEC. 639. Famine or Disaster Relief.—Notwithstanding any other provision of this or any other Act, the President may provide famine or disaster relief assistance to any foreign country on such terms and conditions as he may determine. For fiscal year 1975 there is author- Appropriation. ized to be appropriated not to exceed $40,000,000, to provide such assistance. The President shall submit quarterly reports during such fiscal Presidential year to the Committee on Foreign Relations and the Committee on sionl?co°m^mmI!-r Appropriations of the Senate and to the Speaker of the House of and speaker of the Representatives on the programing and obligation of funds under this House. section." (b) Of the funds appropriated to carry out section 639 of the For- Cyprus, assisteign Assistance Act of 1961, during fiscal year 1975 not less than ^"a^usc 2399 $25,000,000 shall be made available to Cyprus for the purposes of note. such section 639. (c) Section 451 of the Foreign Assistance Act of 1961, dealing with ^^ ^^'^ 22^^the contingency fund, is amended to read as follows: "SEC. 451. Contingency Fund.—(a) There is authorized to be appropriated to the President for the fiscal year 1975 not to exceed $5,000,000, to provide assistance authorized by this part or by section 639 for any emergency purpose only in accordance with the provisions applicable to the furnishing of such assistance. " (b) The President shall submit quarterly reports to the Committee Presidential on Foreign Relations and the Committee on Appropriations of the rionarco°m^itfees" Senate and the Speaker of the House of Representatives on the pro- a"<i speaker of the graming and obligation of funds under this section. House. "(c) No part of this fund shall be used to pay for any gifts to Restriction. any officials of any foreign government made heretofore or hereafter.". ACCESS TO CERTAIN MILITARY BASES ABROAD

SEC. 29. (a) Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 659. Access to Certain Military Bases Abroad.—None of funds 22 USC 2419. authorized to be appropriated for foreign assistance (including foreign military sales, credit sales, and guaranties) under this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if— "(1) such base was constructed or is being maintained or operated with funds furnished by the United States; and "(2) personnel of the United States carry out military operations from such base; unless and until the President has determined that the government of such country has, consistent with security authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base." (b) Section 29 of the Foreign Assistance Act of 1973 is repealed. Repeal. ° PROHIBITING POLICE

^

2

TRAINING

SEC. 30. (a) Chapter 3 of part III of the Foreign Assistance Act of 1961, as amended by section 23(a) of this Act, is further amended by adding at the end thereof the following new section:

2 u s e 2151 note.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/488

 1804 22 USC 2420.

42 USC 3763.

22 USC 2291a.

f2^uTc'2i5i-

PUBLIC LAW 93-559-DEC. 30, 1974

"SEC. 660. Prohibiting Police Training.— (a) On and after July 1, 1975, none of the funds made available to carry out this Act, and none of the local currencies generated under this Act, shall be used to provide training or advice, or provide any financial support, for police, prisons, or other law enforcement forces for any foreign government or any program of internal intelligence or surveillance on behalf of any foreign government within the United States or abroad. "(b) Subsection (a) of this section shall not apply— "(1) with respect to assistance rendered under section 515(c) of the Omnibus Crime Control and Safe Streets Act of 1968, with respect to any authority of the Drug Enforcement Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States, or with respect to assistance authorized under section •482 of this Act; or "(2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program. Notwithstanding clause (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment." (^) Section 112 of the Foreign Assistance Act of 1961 is repealed. REIMBURSABLE DEVELOPMENT

22 USC 2421.

22 USC 2151.

[88 STAT.

PROGRAMS

SEC. 31. The Foreign Assistance Act of 1961 is amended by adding at the end of part III the following new section: "SEC. 661. Reimbursable Development Programs.—The President is authorized to use up to $1,000,000 of the funds made available for the purposes of this Act in each of the fiscal years 1975 and 1976 to work with friendly countries, especially those in which United States development programs have been concluded or those not receiving assistance under "part I of this Act, in (1) facilitating open and fair access to natural resources of interest to the United States and (2) stimulation of reimbursable aid programs consistent with part I of this Act. Any funds used for purposes of this section may be used notwithstanding any other provision of this Act," I N T E L L I G E N C E ACTIVITIES A N D E X C H A N G E S OF M A T E R I A L S

22 USC 2422.

^"^^^"f^e^on^^ gress.

50 USC 1541 note.

SEC. 32. The Foreign Assistance Act of 1961 is amended by adding at the end of part III the following new sections: "SEC. 662. Limitation on Intelligence Activities.—(a) No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States and reports, in a timely fasliion, a description and scope of such operation to the appropriate committees of the Conress, including the Committee on Foreign Relations of the United tates Senate and the Committee on Foreign Affairs of the United States House of Representatives. "(b) The provisions of subsection (a) of this section shall not apply during military operations initiated by the United States under a declaration of war approved by the Congress or an exercise of powers by the President under the W a r Powers Resolution.

f

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/489

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1805

"SEC. 663. Exchanges of Certain Materials.—(a) Notwithstanding 22 USC 2423,. any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act pursuant to an agreement with the recipi- n o22. u s e 2751 te ent of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term 'necessary or ^"^^^^^^^^^J '"• strategic raw material' includes petroleum, other fossil fuels, metals, strategic raw ° -""""^ "— material. minerals, or any other natural substance which the President determines is in short supply in the United States. "(b) The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law. "(c) Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury." WAIVER OF P R O H I B I T I O N AGAINST ASSISTANCE TO COUNTRIES I N CERTAIN TRADE OR S H I P P I N G

ENGAGING

S E C 33. Chapter 3 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 664. Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade,—Any provision of this Act which prohibits assistance to a country because that country is engaging in trade with a designated country, or because that country permits ships or aircraft under its registry to transport any equipment, materials, or commodities to or from such designated country, may be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress."

22 USC 2424.

POLICY W I T H RESPECT TO I N D O C H I N A

SEC. 34. (a) The Congress finds that the cease-fire provided for in the Paris Agreement on Ending the W a r and Restoring Peace in Vietnam has not been observed by any of the Vietnamese parties to the conflict. Military operations of an offensive and defensive nature continue throughout South Vietnam, I n Cambodia, the civil war between insurgent forces and the Lon Nol government has intensified, resulting in widespread human suffering and the virtual destruction of the Cambodian economy, (b) The Congress further finds that continuation of the military struggles in South Vietnam and Cambodia are not in the interest of the parties directly engaged in the conflicts, the people of Indochina or world peace. I n order to lessen the human suffering in Indochina and to bring about a genuine peace there, the Congress urges and requests the President and the Secretary of State to undertake the following measures: (1) to initiate negotiations with representatives of the Soviet Union and the People's Republic of China to arrange a mutually agreed-upon and rapid de-escalation of military assistance on the part of the three principal suppliers of arms and material to all Vietnamese and Cambodian parties engaged in conflict; (2) to urge by all available means that the Government of the Khmer Republic ent^r in negotiations with representatives of the

22 USC 2431 24 UST 1.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/490

 1806

24 UST 1,

C(^^^es' *°

PUBLIC LAW 93-559-DEC. 30, 1974

[88 STAT.

Khmer Government of National Union for the purpose of arranging an immediate cease-fire and political settlement of the conflict; and to use all available means to establish contact with the Khmer Government of National Union, and to urge them to participate in such negotiations. The United States should urge all Cambodian parties to use the good offices of the United Nations or a respected third country for the purpose of bringing an end to hostilities and reaching a political settlement; (3) to utilize any public or private forum to negotiate directly with representatives of the Democratic Republic of Vietnam, the Provisional Revolutionary Government, and the Republic of Vietnam to seek a new cease-fire in Vietnam and full compliance with the provisions of the Paris Agreement on Ending the W a r and Restoring Peace in Vietnam, including a full accounting for Americans missing in Indochina; (4) to reconvene the Paris Conference to seek full implementation of the provisions of the Agreement of January 27, 1973, on the part of all Vietnamese parties to the conflict; and (5) to maintain regular and full consultation with the appropriate committees of the Congress and report to the Congress and the Nation at regular intervals on the progress toward obtaining a total cessation of hostilities in Indochina and a mutual reduction of military assistance to that area. P R I N C I P L E S GOVERNING E C O N O M I C AID TO I N D O C H I N A

22 USC 2431 note.

SEC. 35. (a) Congress calls upon the President and Secretary of State to take the following actions designed to maximize the benefit of United States economic assistance: (1) to organize a consortium to include multilateral financial institutions to help plan for Indochina reconstruction and development; to coordinate multilateral and bilateral contributions to the area's economic recovery; and to provide continuing advice to the recipient nations on the use of their own and outside resources; (2) to develop, in coordination with the recipient governments, other donors, and the multilateral financial institutions, a comprehensive plan for Indochina reconstruction and economic development; (3) to develop country-by-country reconstruction and development plans, including detailed plans for the development of individual economic sectors, that can be used to identify and coordinate specific economic development projects and programs and to direct United States resources into areas of maximum benefits; (4) to shift the emphasis of United States aid programs from consumption-oriented expenditures to economic development; (5) to identify possible structural economic reforms in areas such as taxation, exchange rates, savings mechanisms, internal pricing, income distribution, land tenure, budgetary allocations and corruption, which should be undertaken if Indochinese economic development is to progress; (6) to include in Indochina economic planning and programing specific performance criteria and standards which will enable the Congress and the executive branch to judge the adequacy of the recipient's efforts and to determine whether, and what amounts of. continued United States funding is justified; and

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/35

Rh (Ungambikula) Such beings might verge on the "eternal," but they tailed off, and vanished into animal myth. Mr. Hartland, I daresay, will not contradict my evidence for the "self-existing" beings "out of nothing," for it is not given by a missionary. Here then the Arunta have "a philosophical conception" which is a little surprising; though they spoil it, still they have it. "Antecedently improbable" it may be, but there it is!

Now, as to the antecedent improbability of savages who cannot count up to seven possessing the beliefs which I attribute to them, is that improbability so great? I dislike offering a theory about what occurred in "the Dream Time" (Alcheringa) behind our historical knowledge of mankind. But I will venture on a surmise, on the lines of St. Paul (Romans i. 19). It is a guess, not a "glimpse." As soon as man could make anything, he had, undeniably, the idea of "making." But he was surrounded by things which he certainly had not made, yet which were adapted to his use. It is conceivable that, possessing the idea of making, he guessed that these things were "made." To take examples of savage speculation, from regions far apart, an Eskimo said: "Certainly there must be some Being who made all these things. He must be very good too" (Cranz, i., 199). A Kaffir said to M. Arbrousset: "Twelve years ago I went to feed my flocks. I sat down upon a rock and asked myself sorrowful questions, yes, sorrowful because I was unable to answer them Who can have given to the earth the wisdom and power to produce?" (Casalis, The Bassutos, p. 239.) These are missionary reports, but I cannot always dismiss a statement because a missionary is the reporter, nor is missionary evidence scouted by my adversaries when it seems to tell on the other side. Of course an Eskimo, much more a Kaffir, is far from the beginnings of the race. But I surmise that "the high faculties of early


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/491

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

1807

(7) to provide humanitarian assistance to Indochina wherever practicable under the auspices of and by the United Nations and its specialized agencies, other international organizations or arrangements, multilateral institutions, and private voluntary agencies with a minimum presence and activity of United States Government personnel, (b) This section shall not be construed to imply continuation of a United States financial commitment beyond the authorization provided for in this Act or amendments made by this Act. INDOCHINA POSTWAR RECONSTRUCTION

SEC. 36. (a) There are authorized to be appropriated to the President to furnish assistance for the relief and reconstruction of South Vietnam, Cambodia, and Laos, in addition to funds otherwise available for such purposes, for the fiscal year 1975 not to exceed $617,000,000, Of the amount appropriated for fiscal year 1975— (1) $449,900,000 shall be available only for the relief and reconstruction of South Vietnam in accordance with section 38 of this Act; (2) $100,000,000 shall be available only for the relief and reconstruction of Cambodia in accordance with section 39 of this Act; (3) $40,000,000 shall be available only for the relief and reconstruction of Laos in accordance with section 40 of this Act; (4) $4,100,000 shall be available only for the regional development program; (5) $16,000,000 shall be available only for support costs for the agency primarily responsible for carrying out this part; and (6) $7,000,000 shall be available only for humanitarian assistance through international organizations. Such amounts are authorized to remain available until expended. (b) The authority of section 610(a) of the Foreign Assistance Act of 1961 may not be used in fiscal year 1975 to transfer funds made available for any provision of such Act of 1961 into funds made available for part V of such Act for South Vietnam, Cambodia, or Laos under this section. (c) No assistance may be provided to South Vietnam, Cambodia, or Laos in fiscal year 1975 under part I (including chapter 4 of part II) of the Foreign Assistance Act of 1961. This prohibition may not be waived under section 614(a) of such Act of 1961 or any other provision of law. (d) Notwithstanding subsection (b) of this section, funds made available under any provision of this or any other law for the purpose of providing military assistance for South Vietnam, Laos, or Cambodia during fiscal year 1975 may be transferred to, and consolidated with, any funds made available to that country for war relief, reconstruction, or general economic development, if such transfer does not result in a greater amount than is allocated for such country under paragraph (1), (2), or (3) of subsection (a). (e) To the extent not inconsistent with the provisions of this Act, all prohibitions, restrictions, limitations, and authorities contained in the Foreign Assistance Act of 1961 which are applicable to part V of such Act of 1961 shall apply with respect to the assistance authorized by this section.

Appropriation, 22 USC 2432 note.

22 USC 2360. 22 USC 2431.

22 USC 2151. 22 USC 2364. Transfer of funds.

22 USC 2151 note.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/492

 1808

PUBLIC LAW 93-559-DEC. 30, 1974 ASSISTANCE TO S O U T H VI E T N A M E S E

22 USC 2433 note.

CHILDREN

SEC. 3T. (a) I t is the sense of the Congress that inadequate provision has been made (1) for the establishment, expansion and improvement of day care centers, orphanages, hostels, school feeding programs, health and welfare programs, and training related to these programs which are designed for the benefit of South Vietnamese children, disadvantaged by hostilities in Vietnam or conditions related to those hostilities, and (2) for the adoption by United States citizens of South Vietnamese children who are orphaned or abandoned, or whose parents or sole surviving parent, as the case may be, has irrevocably relinquished all parental rights, particularly children fathered by United States citizens. (b) The President is, therefore, authorized to provide assistance, on terms and conditions he considers appropriate, for the purposes described in clauses (1) and (2) of subsection (a) of this section. Of the funds appropriated pursuant to section 36(a) of this Act, $10,000,000, or its equivalent in local currency, shall be available until expended solely to carry out this section. Not more than 10 per centum of the funds made available to carry out this section may be expended for the purposes referred to in clause (2) of subsection (a). Assistance provided under this section shall be furnished, to the maximum extent practicable, under the auspices of and by international agencies or private voluntary agencies. L I M I T A T I O N S W I T H RESPECT TO S O U T H

22 USC 2431 note.

[88 STAT.

VIETNAM

SEC. 38. (a) The $449,900,000 made available in accordance with section 36(a)(1) of this Act shall be allocated as follows: (1) $90,000,000 for humanitarian assistance, of which there shall be available— (A) $70,000,000 for refugee relief; (B) $10,000,000 for child care; and (C) $10,000,000 for health care; (2) $154,500,000 for agricultural assistance, of which there shall be available— (A) $85,000,000 for fertilizer; (B) $12,000,000 for P O L (for agriculture); (C) $6,000,000 for insecticides and pesticides; (D) $10,000,000 for agricultural machinery and equipment (including spare parts); (E) $3,500,000 for agricultural advisory services; (F) $20,000,000 for rural credit; (G) $10,000,000 for canal dredging; (H) $4,000,000 for low-lift pumps; and (I) $4,000,000 for fish farm development; (3) $139,800,000 for industrial development assistance of which there shall be available— (A) $124,000,000 for commodities; (B) $10,000,000 for industrial credit; and (C) $5,800,000 for industrial advisory services (including feasibility studies); (4) $65,600,000 for miscellaneous assistance, of which there shall be available— (A) $47,900,000 for the service sector (including P O L, machinery equipment, and spare parts); and (B) $17,700,000 for technical services and operating expenses.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/493

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

(b)(1) No funds made available in accordance with section 36(a) (1) may be transferred to, or consolidated with, the funds made available for military assistance, nor may more than 20 per centum of the funds made available under paragraph (1), (2), (3), or (4) of subsection (a) of this section be transferred to, or consolidated with, the funds made available under any other such paragraph. (2) Whenever the President determines it to be necessary in carrying out this section, any funds made available under any subparagraph of paragraph (1), (2), (3), or (4) of subsection (a) of this section may be transferred to, and consolidated with, the funds made available under any other subparagraph of that same paragraph. (3) The President shall fully inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of each transfer he intends to make under paragraph (1) or (2) of this subsection prior to making such transfer. (c) No funds may be obligated for any of the purposes described in subsection (a) of this section in, to, for, or on behalf of South Vietnam in any fiscal year beginning after June 30, 1975, unless such funds have been specifically authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year. (d) After the date of enactment of this section, whenever any request is made to the Congress for the appropriation of funds for use in, to, for, or on behalf of South Vietnam for any fiscal year the President shall furnish a written report to the Congress explaining the purpose for which such funds are to be used in such fiscal year. (e) The President shall submit to the Congress within thirty days after the end of each quarter of each fiscal year, beginning with the fiscal year which begins July 1, 1974, a written report showing the total amount of funds obligated in, to, for, or on behalf of South Vietnam during the preceding quarter by the United States Government, and shall include in such report a general breakdown of the total amount obligated, describing the different purposes for which such funds were obligated and the total amount obligated for such purpose. (f)(1) Effective six months after the date of enactment of this section, the total number of civilian oncers and employees, including contract employees, of executive agencies of the United States Government who are citizens of the United States and of members of the Armed Forces of the United States present in South Vietnam shall not at any one time exceed four thousand, not more than two thousand five hundred of whom shall be members of such armed forces and direct hire and contract employees of the Department of Defense. Effective one year after the date of enactment of this section, such total number shall not exceed at any one time three thousand, not more than one thousand five hundred of whom shall be members of such armed forces and direct hire and contract employees of the Department of Defense. (2) Effective six months after the date of enactment of this section, the United States shall not, at any one time, pay in whole or in part, directly or indirectly, the compensation or allowances of more than eight hundred individuals in South Vietnam who are citizens of countries other than South Vietnam or the United States. Effective one year after the date of enactment of this section, the total number of individuals whose compensation or allowance is so paid shall not exceed at any one time five hundred.

1809

fiJ/t^i"f "'the''" s'peake" and congressionai com""^

Presidential g^ress.

^e^ort^to^cl^gress.

ofnce*rs''and'empioyees in south Vietnam, umita-

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/494

 1810 "Executive agency of the United States Government."

Nonapplicability.

PUBLIC LAW 93-559-DEC. 30, 1974

[88

STAT.

(3) For purposes of this subsection, "executive agency of the United States Government" means any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment within the executive branch of the United States Government. (4) This subsection shall not be construed to apply with respect to any individual in South Vietnam who (A) is an employee or volunteer worker of a voluntary private, nonprofit relief organization or is an employee or volunteer worker of the International Committee of the Ked Cross, and (B) engages only in activities providing humanitarian assistance in South Vietnam. (g) This section shall not be construed as a commitment by the United States to South Vietnam for- its defense. LIMITATIONS WITH RESPECT TO CAMBODIA

22 USC 2415.

22 USC 2416.

Allocation. 22 USC 2415 note.

Restrictions. 22 USC 2415 note. Ante, p. 1807.

22 USC 2415 note.

SEC. 39. (a) Section 655 of the Foreign Assistance Act of 1961 is amended as follows: (1) by striking out "$341,000,000" in subsection (a) and inserting "$377,000,000" in lieu thereof. (2) by striking out "1972" in subsection (a) and inserting "1975. Of that sum, there shall be available no more than $200,000,000 for military assistance. In addition to such $377,000,000, defense articles and services may be ordered under section 506 of this Act for Cambodia in an amount not to exceed $75,000,000 in fiscal year 1976." in lieu thereof. (3) by striking out "$341,000,000" in subsection (b) and inserting "$377,000,000" in lieu thereof. (4) by striking out "1972" in subsection (b) and inserting "1975" in lieu thereof. (b) Section 656 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following sentence: "This section shall not be construed to apply with respect to any individual in Cambodia who (A) is an employee or volunteer worker of a voluntary private, nonprofit relief organization or is an employee or volunteer worker of the International Committee of the Red Cross, and (B) engages only in activities providing humanitarian assistance in Cambodia." (c) The $100,000,000 made available in accordance with section 36(a)(2) of this Act shall be allocated as follows: (1) $20,000,000 for humanitarian assistance; (2) $63,000,000 for commodity import assistance; (3) $15,000,000 for multilateral stabilization assistance; and (4) $2,000,000 for technical support and participant training. (d) No funds made available in accordance wnth section 36(a)(2) may be transferred to, or consolidated with, the funds allocated for military assistance to Cambodia under section 655(a) of the Foreign Assistance Act of 1961, nor may more than 20 per centum of the funds made available under any paragraph of subsection (c) of this section be transferred to, or consolidated with, the funds made available under any other such paragraph. (e) No funds may be obligated for any of the purposes described in section 655(a) of the Foreign Assistance Act of 1961 in, to, for, or on behalf of Cambodia in any fiscal year beginninq after June 30, 1975, unless such funds have been specificallv authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year.

�


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/495

 88 STAT. ]

PUBLIC LAW 93-559-DEC. 30, 1974

(f) This section shall not be construed as a commitment by the United States to Cambodia for its defense.

1811 22 USC 2415 ote.

LIMITATIONS WITH RESPECT TO LAOS 22 SEC. 40. (a) Notwithstanding any other provision of law, no fmids note. u s e 2431 authorized to be appropriated by this or any other law may be obligated in any amount in excess of $70,000,000 during the fiscal year ending June 30, 1975, for the purpose of carrying out directly or indirectly any economic or military assistance, or any operation, project, or program of any kind, or for providing any goods, supplies, materials, equipment, services, personnel, or advisers in, to, for, or on behalf of Laos. Of that amount, there shall be available— (1) $30,000,000 for military assistance; and (2) $40,000,000 only for economic assistance, of which there shall be available^— (A) $11,000,000 for humanitarian assistance; (B) $6,500,000 for reconstruction and development assistance; (C) $16,100,000 for stabilization assistance; and (D) $6,400,000 for technical support. (b) No funds made available under paragraph (2) of subsection (a) of this section may be transferred to, or consolidated with, the , _,. funds made available under paragraph (1) of such subsection, nor may more than 20 per centum of the funds made available under any subparagraph of paragraph (2) be transferred to, or consolidated with, the funds made available under any other such subparagraph. (c) I n computing the limitations on obligation authority under subsection (a) of this section with respect to such fiscal year, there shall be included in the computation the value of any goods, supplies, materials, equipment, services, personnel, or advisers provided, to, for, or on behalf of Laos in such fiscal year by gift, donation, loan, lease or otherwise. For the purpose of this subsection, "value" means "vaiue." the fair market value of any goods, supplies, materials, or equipment provided to, for, or on behalf of Laos but in no case less than 331/^ per centum of the amount the United States paid at the time such goods, supplies, materials, or equipment were acquired by the United States. (d) No funds may be obligated for any of the purposes described in subsection (a) of this section in, to, for, or on behalf of Laos in any fiscal year beginning after June 30, 1975, unless such funds have been specifically authorized by law enacted after the date of enactment of this section. In no case shall funds in any amount in excess of the amount specifically authorized by law for any fiscal year be obligated for any such purpose during such fiscal year. (e) After the date of enactment of this section, whenever any request Report to is made to the Congress for the appropriation of funds for use in, to, ""s""^^^* for, or on behalf of Laos, for any fiscal year, the President shall furnish a written report to the Congress explaining the purpose for which such funds are to be used in such fiscal year. (f) The President shall submit to the Congress within thirty days re^ort^to^cl^^ after the end of each quarter of each fiscal year beginning with the g r e s s. fiscal year which begins July 1, 1974, a written report showing the total amount of funds obligated in, to, for, or on behalf of Laos during the preceding quarter by the United States Government and shall include in such report a general breakdown of the total amount obligated, describing the different purposes for which such funds were obligated and the total amount obligated for such purpose.

�