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90 STAT. 135

effective date of the final system plan or more than 2 years after the date on which the final rail service continuation payment is received, whichever is later; or "(2) if a financially responsible person (including a government entity) offers— "(A) to provide a rail service continuation payment which is designed to cover the difference between the revenue attributable to such rail properties and the avoidable costs of providing rail service on such properties, together with a reasonable return on the value of such properties; "(B) to provide a rail service continuation payment which is payable pursuant to a lease or agreement with a State or with a local or regional transportation authority under which financial support was being provided on January 2, 1974 for the continuation of rail passenger service; or "(C) to purchase, pursuant to subsection (f) of this section, such rail properties in order to operate rail services thereon. If a rail service continuation payment is offered, pursuant to paragraph (2)(A) of this subsection, for both freight and passenger service on the same rail properties, the owner of such properties may not be entitled to more than one payment of a reasonable return on the value of such properties. "(d) RAIL FREIGHT SERVICE.— (1) If a rail service continuation payment is offered, pursuant to subsection (c)(2)(A) of this section, for rail freight service, the person offering such payment shall designate the operator of such service and enter into an operating agreement with such operator. The person offering such payment shall designate as the operator of such service— " (A) the Corporation, if rail properties of the Corporation connect with the line of railroad involved, unless the Commission determines that such rail service continuation could be performed more efficiently and economically by another railroad; "(B) any other railroad whose rail properties connect with such line, if the Corporation's rail properties do not so connect or if the Commission makes a determination in accordance with subparagraph (A) of this paragraph; or "(C) any responsible person (including a government entity) which is willing to operate rail service over such rail properties. A designated railroad may refuse to enter into such an operating agreement only if the Commission determines, on petition by any affected party, that the agreement would substantially impair such railroad's ability to serve adequately its own patrons or to meet its outstanding common carrier obligations. The designated operator shall, pursuant to each such operating agreement (i) be obligated to operate rail freight service on such rail properties, and (ii) be entitled to receive, from the person offering such payment, the difference between the revenue attributable to such properties and the avoidable costs of providing service on such rail properties, together with a reasonable management fee, as determined by the Office. "(2) The trustees of a railroad in reorganization shall permit rail service to be continued on any rail properties with respect to M^hich a rail service continuation payment operating agreement has been entered into under this subsection. Such trustees shall receive a reasonable return on the value of such properties, as determined in accordance with the standards developed pursuant to section 205(d)(6) of this Act. 45 USC 715.

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 90 STAT. 136

45 USC 743.

^•5 USC 715. Jurisdiction.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 " (3) If necessary to prevent any disruption or loss of rail service, at any time after the date of conveyance, pursuant to section 303(b) (1) of this title, the Commission— " (A) shall take such action as may be appropriate under its existing authority (including the enforcement of common carrier requirements applicable to railroads in reorganization i n the region) to ensure compliance with obligations imposed under this subsection; and " (B) shall have authority, i n accordance with the provisions of section 1(16)(b) of the Interstate Commerce Act (49 U.S.C. 1 (16)(b)), to direct rail service to be provided by any designated railroad o r b}^ the trustees of a railroad in reorganization in the region, if a rail service continuation payment has been offered but an applicable operating or lease agreement is not in effect. For purposes of the preceding sentence, any compensation required as a result of such directed service shall be determined in accordance with the standards developed pursuant to section 205(d)(6) of this Act. The district courts of the United States shall have jurisdiction, upon petition by the Commission or any interested person (including a government e n t i t y), to enforce any order of the Commission issued pursuant to the exercise of its authority under this subsection, or to enjoin any designated entity or the trustees of a railroad in reorganization in the region from refusing to comply with the provisions of this subsection. " (e) R A I L PASSENGER SERVICE.— (1) The Corporation (or a profit-

-^., •

able railroad) shall provide rail passenger service for a period of 180 days immediately following the date of conveyance (pursuant to section 303(b)(1) of this title), with respect to any rail properties over which a railroad in reorganization in the region, or a person leased, operated, or controlled by such a railroad, was providing rail passenger service immediately prior to such date of conveyance. Such service shall be provided on such properties regardless of whether or not such properties are designated in the final system plan as rail properties over which rail service is required to be operated, except with respect to properties over which such service is provided by the National Railroad Passenger Corporation. " (2) I f a State ( o r a local or regional transportation authority) was providing financial assistance to support the operation of rail passenger service, pursuant to a lease or agreement which was in effect immediately prior to the date of conveyance (pursuant to such section 303(b)(1)), the Corporation (or a profitable railroad) shall be bound by the service provisions of such lease or agreement for the duration of the 180-day mandatory operation period specified in paragraph (1) of this subsection. I f a State or such an authority was providing financial assistance for the continuation of rail passenger service on rail properties immediately prior to such date of conveyance, it shall provide the same level of financial assistance during such 180day mandatory operation period. I f no such financial assistance was being provided or if no such lease or agreement was in effect immediately p r i o r to such date of conveyance, with respect to any such rail properties, the Corporation (or a profitable railroad) shall provide the same level of rail passenger service, for the duration of such 180-day mandatory operation period, that was provided prior to such date by the applicable railroad. If— " (A) such financial assistance is not provided; ,^, " (B) a State (or a local or regional transportation authority) ' '' has not, by the end of such 180-day mandatory operation period,

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90 STAT. 137

offered a rail service continuation payment pursuant to subsection (c^ (2)(A) of this section; (Cf) an applicable rail service continuation payment pursuant to such subsection (c)(2)(A) is not paid when it is due; or "(D) a payment required under a lease or agreement, pursuant to section 303(b)(2) of this title or subsection (c)(2)(B) of this 45 USC 743. section, is not paid when it is due, the Corporation (or, where applicable, the National Railroad Passenger Corporation, a profitable railroad, or the trustee or trustees of a railroad in reorganization in the region) may (i) discontinue such rail passenger service, and (ii) with respect to rail properties not designated for inclusion in the final svstem plan, abandon such properties pursuant to subsections (a) and (b) of tnis section. "(3) Nothing in this subsection shall be construed to affect the obligation of the Corporation (or a profitable railroad), or of the trustees of the railroads in reorganization in the region, to provide rail passenger service pursuant to section 303(b)(2) of this title or subsection (c)(2)(B) of this section. "(4) If a State (or a local or regional transportation authority) — "(A) offers a rail service continuation payment, pursuant to subsection (c)(2)(A) of the section and under regulations issued by the Office pursuant to section 205(d)(5) of this Act, 45 USC 715. for the operation of rail passenger service after the 180-day mandatory operation period, and "(B) provides compensation, pursuant to paragraph (2) of this subsection, for operations conducted during the 180-day mandatory operation period, the Corporation (or a profitable railroad) shall continue to provide such service after the end of such period, except as otherwise provided in this subsection. "(5)(A) The Secretary shall reimburse the Corporation (or a profitable railroad) for any loss which is incurred by it during the 180-day mandatory operation period specified in paragraph (1) of this subsection which is not compensated for by a State (or a local or regional transportation authority). The amount of such reimbursement shall ' " ' • be determined pursuant to section 17(a)(1) of the Urban Mass Transportation Act of 1964 and under regulations issued by the Office pur- Post, p. 143. suant to section 205(d)(5) of this Act. "(B) The Secretary shall reimburse States, local public bodies, and agencies thereof for additional costs incurred by such States, bodies, and agencies for rail service continuation payments for rail passenger service pursuant to section 17(a)(2) of the Urban Mass Transportation Act of 1964 and under regulations issued by the Office pursuant to section 205(d)(5) of this Act. "(C) If a dispute arises with respect to the application of any such regulations, the parties to such dispute may submit such dispute to arbitration by a third party. If the parties are unable to agree upon the selection of an arbitrator, the Chairman of the Commission shall serve in that capacity (except as to matters required to be decided by the Commission, pursuant to section 402(a) of the Rail Passenger Service Act (45 U.S.C. 562(a))). "(6) Notwithstanding any other provision of this subsection, the Corporation is not obligated to provide rail passenger service on rail properties if a State (or a local or regional transportation authority) contracts for such service to be provided on such properties by an operator other than the Corporation, except that the Corporation shall, where appropriate, provide such operator with access to such properties for such purpose.

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 90 STAT. 138

^

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 " (f) PURCHASE.—If a n offer to purcliase is made under subsection (c)(2)(C) of this section, such offer shall be accompanied by an offer of a rail service continuation payment. Such payment shall continue until the purchase transaction is completed, unless a railroad assumes operations over such rail properties of its own account pursuant to an order or authorization of the Commission, Wlienever a railroad in reorganization in the region or a profitable railroad gives notice of intent to discontinue service pursuant to subsection (a) of this section, such railroad shall, upon the request of anyone apparently qualified to make an offer to purchase or to provide a rail service continuation payment, promptly make available its most recent reports on the physical condition of such property, together with such traffic and revenue data as would be required under subpart B of part 1121 of chapter X of title 49 of the Code of Federal Regulations and such other data as are necessary to ascertain the avoidable costs of providing service over such rail properties. " (g) ABANDONMENT BY CORPORATION.—After the rail system to be

•;

operated by the Corporation or a subsidiary thereof under the final system plan has been in operation for 2 years, the Commission may authorize the Corporation or a subsidiary thereof to abandon any rail properties as to which it determines that rail service over such properties is not required by the public convenience and necessity, if the Corporation or a subsidiary thereof can demonstrate that no State (or local or regional transportation authority) is willing to offer a rail service continuation payment pursuant to subsection (c) of this section. The Commission may, at any time after the effective date of the final system plan, authorize additional rail service in the region or authorize the abandonment of rail properties which are not being operated by the Corporation or any subsidiary or affiliate thereof or by any other person. Determinations by the Commission under this subsection shall be made pursuant to applicable provisions of the Interstate Commerce Act. " (h) I N T E R I M A B A N D O N M E N T, — After the date of enactment of t h i s

45 USC 743.

section and prior to the date of conveyance (pursuant to section 303 (b)(1) of this title), no railroad in reorganization in the region may discontinue service or abandon any line of railroad other than in accordance with the provisions of this Act, unless (1) it is authorized to do so by the Association, and (2) no affected State (or local or regional transportation authority) reasonably opposes such action, notwithstanding any provision of any other Federal law, the constitution or law of any State, or the decision or order of, or the pendency of any proceeding before any Federal or State court, agency, or authority. " (i) DISPOSITION o r DESIGNATED R A I L PROPERTIES.—No r a i l r o a d in

Ante, p, 31.

reorganization in the region and no person leased, operated or controlled by such a railroad shall sell, transfer, encumber, or otherwise dispose of rail property, or any r i g h t or interest therein, designated for transfer to the Corporation or conveyance to a profitable railroad in the final system plan, except pursuant to section 303(b) of this title. The provisions of this subsection shall not apply to any such sale, transfer, encumbrance, or other disposition— " (1) as to which the Association generally or specifically consents in writing; " (2) which, prior to enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, h a d been specifically approved by a United States district court having jurisdiction over the reorganization of a railroad in reorganization under section 77 of the B a n k r u p t c y Act (11 U.S.C. 2 0 5); or

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"(3) following certification to the special court, pursuant to section 209(c) of the Regional Rail Reorganization Act of 1973, 45 USC 719. of any such rail properties not previously so certified. "(j) EXEMPTION.— (1) No local public body which provides mass transportation services and which is otherwise subject to the Interstate Commerce Act shall, with respect to the provision of such services, 49 USC 1. be subject to the Interstate Commerce Act or to rules, regulations and orders promulgated under such Act, except that any such local public body shall continue to be subject to applicable Federal laws pertaining to (A) safety, (B) the representation of employees for purposes of collective bargaining, and (C) employment retirement, annuity, and miemployment systems or any other provision pertaining to dealings between employees and employers. " (2) For purposes of this subsection, the term— "(A) 'local public body' has the meaning prescribed for such "Local public term in section 12(c)(2) of the Urban Mass Transportation Act body." (49 U.S.C. 1608(c)(2)) and includes any person or entity which contracts with a local public body to provide transportation services; and "(B) 'mass transportation' has the meaning prescribed for such "Mass term in section 12(c)(5) of the LTrban Mass Transportation Act transportation." (49 U.S.C. 1608(c)(5)).". CONTINUATION ASSISTANCE

SEC. 805. (a) Section 402 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762) is amended to read as follows: aRAIL

SERVICE CONTINUATION

ASSISTANCE

"SEC. 402. (a) GENERAL.— (1) The Secretary shall provide financial assistance in accordance with this section to assist in the provision of rail service continuation payments, the acquisition or modernization of rail properties, including the preservation of rights-of-way for future rail service, the construction or improvement of facilities necessary to accommodate the transportation of freight previously moved by rail service, and the cost of operating and maintaining rail service facilities such as yards, shops, docks, or other facilities useful in facilitating and maintaining main line or local rail service. The Federal share of the costs of any such assistance shall be as follows: (A) 100 percent for the 12-month period following the date that rail properties are conveyed pursuant to section 303(b)(1) of this Act; and (B) 90 percent for the succeeding 12-month period. "(2) The Secretary shall, within one year after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, promulgate standards and procedures under which the State share of such cost may be provided through in-kind benefits such as forgiveness of taxes, trackage rights, and facilities which would not otherwise be provided. "(3) The Secretary, in cooperation with the Secretary of Labor, the Association, and the Commission, shall assist States and local or regional transportation authorities in negotiating initial operating or lease agreements and shall report to the Congress not later than 30 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976 on the progress of such negotiations. The Secretary may, with the concuri'ence of a State, enter directly into operating or lease agreements with railroads designated to provide service under section 304(d) of this Act, and with the trustees of rail-

''

45 USC 743. Standards and procedures. Ante, p. 31.

Report to Congress,

45 USC 744.

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 90 STAT. 140 '•''^

-~ Rail mileage, measurement,

^

45 USC 743,

Financial assistance, > 45 USC 744.

... ' '

PUBLIC LAW 94-210—FEB. 5, 1976 roads in reorganization in the region over whose rail properties such service will be provided, to assure the uninterrupted continuation of rail service after such date of conveyance. Such agreements may be entered into only during the period when the Federal share is 100 percent. Payments shall be made from the funds to which a State would otherwise be entitled under this section. "(b) ENTITLEMENT,— (1) Each State in the region which is, pursuant to subsection (c) of this section, eligible to receive rail service continuation assistance is entitled to an amount equal to the total amount authorized and appropriated for such purpose multiplied by a fraction whose numerator is the rail mileage in such State which is eligible for rail service continuation assistance under this section and whose denominator is the rail mileage in all of the States in the region which are eligible for rail service continuation assistance under this section, Notwithstanding the preceding sentence, the entitlement of each State shall not be less than 3 percent of the funds appropriated. Not more than 5 percent of a State's entitlement may be used for rail planning activities. For purposes of this subsection, rail mileage shall be measured by the Secretary in consultation with the Interstate Commerce Commission, Any portion of the entitlement of any State which is withheld, in accordance with this section, and any such sums which are not used or committed by a State shall be reallocated immediately, to the extent practicable, among the other States in accordance with the formula set forth in this subsection. In addition to amounts provided pursuant to such rail mileage formula, funds shall also be made available to each State for the cost of operating and maintaining rail service facilities such as yards, shops, and docks which are useful in facilitating and maintaining mainline or local rail services and which are contained in each State's rail plan, except that (A) any such assistance shall extend for a period of only 12 months following the date rail properties are conveyed under section 303(b)(1) of this Act, and (B) no railroad shall be required to operate such facilities. With respect to the limitation on assistance for rail service facilities under the preceding sentence, the Secretary shall, not later than 90 days prior to the end of such 12-month period, submit a report to the Congress in conjunction with a designated State agency, recommending future action with respect to such facilities. " (2) For a period of not more than 1 year following the date rail properties are conveyed pursuant to section 303(b)(1) of this Act, the Secretary is authorized to provide financial assistance, from the funds to which a State would otherwise be entitled under this section for the continuation of local rail services, to any person determined by the Secretary to be financially responsible who will enter into any operating and lease agreements with railroads designated to provide service under section 304(d) of this Act, regardless of the eligibility of the State, where the applicable rail properties are located, to receive assistance under subsection (c) of this section. In any case in which a State is eligible to receive rail service continuation assistance under subsection (c) of this section, States shall have priority to receive such payments over any other person eligible under this paragraph and no other person eligible under this paragraph shall receive such payments unless his application therefor has been approved by the State agency designated under subsection (c) to administer the State plan. "(c) ELIGIBILITY.— (1) A State in the region is eligible to receive financial assistance pursuant to subsection (b) of this section if, in any fiscal year— " (A) the State has established a State plan for rail transportation and local rail services (herein referred to as the 'State rail

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 PUBLIC LAW 94-210—FEB. 5, 1976 plan') which is administered or coordinated by a designated State agency and such plan includes a suitable process for updating, revising, and amending such plan and provides for the equitable distribution of such financial assistance among State, local, and regional transportation authorities; "(B) the State agency (i) has authority and administrative jurisdiction to develop, promote, supervise, and support safe, adequate, and efficient rail services, (ii) employs or will employ, directly or indirectly, sufficient trained and qualilied personnel, and (^iii) maintains or will maintain adequate programs of investigation, research, promotion, and development with provision for public participation; "(C) the State provides satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this title to the State; and "(D) the State complies with the regulations of the Secretary issued under this section. "(2) The rail freight services which are eligible for rail service continuation assistance pursuant to this section are— "(A) those rail services of railroads in reorganization in the region, or persons leased, operated, or controlled by any such railroad, which the final system plan does not designate to be continued; "(B) those rail services on rail properties referred to in section 304(a)(2) of this Act; "(C) those rail services in the region which have been, at any time during the 5-year period prior to the date of enactment of this Act, or which, are subsequent to the date of enactment of this Act, owned, leased, or operated by a State agency or by a local or regional transportation authority, or with respect to which a State, a political subdivision thereof, or a local or regional transportation authority has invested (at any time during the 5-year period prior to the date of enactment of this Act), or invests (subsequent to the date of enactment of this Act), substantial sums for improvement or maintenance of rail service; or "(D) those rail services in the region with respect to which the Commission authorizes the discontinuance of rail services or the abandonment of rail properties, effective on or after the date of enactment of this Act. "(3) The rail freight properties which are eligible to be acquired or modernized with financial assistance pursuant to subsection (b) of this section are those rail properties which are used for services eligible for rail service continuation assistance, pursuant to paragraph (2) of this subsection, including those properties which are identified, in the applicable State rail plan as having potential for future use for rail freight service. " (4) The facilities which are eligible to be constructed or improved with financial assistance pursuant to subsection (b) of this section are those facilities in the region (including intermodal terminals and highways or bridges) which are needed in orde^-to provide rail freight service which will no longer be available because of the discontinuance of rail freight service under section 304 of this Act or other lawful authority. No funds provided under this paragraph may be used to pay the State share of any highway projects under title 23, United States Code. "(5) Rail properties are eligible to be acquired with financial assistance pursuant to subsection (b) of this section if (A) they are

90 STAT. 141

,-,.. •]}..

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 90 STAT. 142

45 USC 716.

45 USC 521.

Notice and hearing.

PUBLIC LAW 94-210—FEB. 5, 1976 to be used for intercity or commuter rail passenger service, and (B) they pertain to a line in the region (other than rail properties designated in accordance with section 206(c)(1)(C) of this Act) which, if so acquired (i) would enable the National Railroad Passenger Corporation to serve, more efficiently, a route which it operated on November 1, 1975, (ii) would provide intercity rail passenger service designated by the Secretary under title II of the Rail Passenger Service Act, or (iii) would provide such service over a route designated for service pursuant to section 403(c) of the Rail Passenger Service Act (45 U.S.C. 563(c)). "(d) REGULATIONS.—Within 90 days after the date of enactment of this Act, the Secretary shall issue, and may from time to time amend, regulations with respect to the provision of financial assistance vmder this title. "(e) PAYMENT.—The Secretary shall pay to each eligible State in the region an amount equal to its entitlement under subsection (b) of this section. "(f) RECORDS, AUDIT, AND EXAMINATION.—(1) Each recipient of financial assistance under this section, whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements, shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance was given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. Such records shall be maintained for 3 years after the completion of such a project or undertaking. "(2) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such receipts which in the opinion of the Secretary or the Comptroller General may be related or pertinent to the grants, contracts, or other arrangements referred to in such paragraph. "(g) WITHHOLDING.—If the Secretary, after reasonable notice and an opportunity for a hearing to any State agency, finds that a State is not eligible for financial assistance under subsections (c) and (d) of this section, payment to such State shall not be made until there is no longer any failure to comply. " (h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out the purposes of this section an amount not to exceed $180,000,000 without fiscal year limitation. Such sums as are appropriated shall remain available until expended. " (i) DEFINITION.—As used in this section, the term 'rail service continuation assistance' includes expenditures made by a State (or a local or regional transportation authority), at any time during a 1-year period preceding the date of enactment of this Act, or subsequent to the date of enactment of this Act, for acquisition, rehabilitation, or modernization of rail facilities on which rail freight services would have been curtailed or abandoned but for such expenditures.". (b) Section 403(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 763), is amended by striking the colon and the proviso and inserting in lieu thereof a period. (c) Section 403(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 763(b)) is amended by striking the last sentence thereof and inserting in lieu thereof the following: "Notwithstanding any other provision of this title, a State may expend sums received by it under paragraphs (1) and (2) of section 402(b) of this title for

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acquisition and modernization pursuant to this section, or for any project designated pursuant to a State rail plan.". REPEAL

SEC. 806. Effective on the date of the second anniversary of the date on which rail properties are conveyed, pursuant to section 303(b)(1) of the Eegional Rail Reorganization Act of 1973 (45 U.S.C. 743), title IV of such Act is repealed.

Effective date, 45 USC 761-763.

EAIL PASSENGER SERVICE

SEC. 807. Section 206(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(d)(5)) is amended to read as follows: "(5) All properties— "(A) transferred by the Corporation pursuant to sections 206(c)(1)(C) and 601(d) of this Act; 45 USC 716, "(B) transferred by the Corporation to any State (or local 791. or regional transportation authority), pursuant to subsection (c)(1)(D) of this section, or "(C) transferred by the Corporation to any State, local or regional transportation authority, or the National Railroad Passenger Corporation, within 900 days after the date of conveyance, pursuant to section 303(b)(1) of this Act, to meet 45 USC 743. the needs of commuter or intercity rail passenger service, shall be transferred at a value related to the value received from the Corporation pursuant to the final system plan for the transfer to such Corporation of such properties. The value of any such properties, which are transferred pursuant to subparagraph (B) or (C) of this paragraph, shall be adjusted to reflect the value attributable to any applicable maintenance and improvement provided by the Corporation (to the extent the Corporation has not been released from the obligation to pay for such improvements) and the cost to the Corporation of transferring such properties.". EMERGENCY OPERATING ASSISTANCE

SEC. 808. The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new section: a EMERGENCY OPERATING ASSISTANCE

"SEC. 17. (a) The Secretary shall provide financial assistance for 49 USC 1613. the purpose of reimbursing— "(1) the Consolidated Rail Corporation, the National Railroad Passenger Corporation, other railroads, and, if applicable, the trustee or trustees of a railroad in reorganization in the region (as defined in section 102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702)) for the costs of rail passenger service operations conducted at a loss during the 180-day mandatory operation period, as required under section 304(e) of fuch Act (45 U.S.C. 744(e)). Such reimbursement shall cover all costs not otherwise paid by a State or a local or regional transportation authority which would have been payable by such State or authority, pursuant to regulations issued by the Office under section 205(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 715) if such regulations had been in effect on the date of conveyance of rail properties under section 303(b)(1) of such Act: and

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 90 STAT. 144

PUBLIC LAW 94-210—FEB. 5, 1976 "(2) States, local public bodies, and agencies thereof for additional costs incurred by such States, bodies, and agencies with respect to rail passenger service required by section 304(e)(4) of the Eegional Eail Reorganization Act of 1973 (45 U.S.C. 744

(e)(4)J.

.-M'

49 USC 1609. Federal share.

49 USC 1604.

Appropriation authorization.

"(b) Financial assistance under subsection (a) of this section shall not apply to intercity rail passenger service provided pursuant to an agreement with the National Railroad Passenger Corporation which was in effect immediately prior to such date of conveyance. "(c) Financial assistance provided pursuant to subsection (a) of this section shall be subject to such terms, conditions, requirements, and provisions as the Secretary may deem necessary and appropriate with such reasonable exceptions to requirements and provisions otherwise applicable under this Act as the Secretary may deem I'equired by the emergency nature of the assistance authorized by this section. Nothing in this section shall authorize the Secretary to waive the provisions of section 13(c) of this Act. "(d) The Federal share of the costs of any rail passenger service required by subsections (c) and (e) of section 304 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744 (c) and (e)) shall be as follows: "(1) 100 percent of the costs eligible under subsections (a)(1) or (a)(2) of this section for the 180-day mandatory operation period required by section 304(e) of such Act; "(2) 100 percent for the 180-day period following the 180-day mandatory operation period; "(3) 90 percent for the 12-month period succeeding the period specified in subparagraph (2) of this subsection; and "(4) 50 percent for the 180-day period succeeding the period specified in subparagraph (3) of this subsection. No assistance may be provided beyond the time specified in subsection (d)(3) of this section, unless the applicant for such assistance provides satisfactory assurances to the Secretary that the service for which such assistance is sought will be continued after the termination of the assistance authorized by this section. "(e) The terms and provisions which are applicable to assistance provided pursuant to this section shall be consistent, insofar as is practicable, with the terms and provisions which are applicable to operating assistance under section 5 of this Act. "(f) To finance assistance under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contract agreements, or otherwise, in such amounts as are provided in appropriations Acts, in an aggregate amount not to exceed $125,000,000. There are authorized to be appropriated for liquidation of the obligations incurred under this section not to exceed $40,000,000 by September 30, 1976, $95,000,000 by September 30, 1977, and $125,000,000 by September 30, 1978, such sums to remain available until expended.". CONVERSION OF ABANDONED RAILROAD RIGHTS-OF-WAY

Report to President and Congress. 49 USC la note.

SEC. 809. (a) STUDY.—The Secretary shall, within 360 days after the date of enactment of this Act, and in consultation with the Secretary of the Interior, the Office, the Association, the Environmental Protection Agency, any other appropriate Federal agency, any appropriate State and regional transportation agency, any other appropriate State and local governmental entities, and any appropriate private groups and individuals, prepare and submit to the Congress and the President a report on the conversion of railroad rights-of-way. This

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 PUBLIC LAW 94-210—FEB. 5, 1976 report shall evaluate and make suggestions concerning potential alternate uses of, and public policy with respect to the conversion of, railroad rights-of-way on which service has been discontinued or is likely to be discontinued. This report shall include— (1) an inventory statement developed by the Secretary as to all abandoned railroad rights-of-way and significant segments of such rights-of-way which retain their linear characteristics, including, as to each, identification of the owner of record and an evaluation of its topography, characteristics, condition, approximate value, and alternate use suitability; (2) an evaluation of the advantages of establishing a rail bank consisting of selected such rights-of-way, as a means of assuring their availability for potential railroad use in the future, a discussion of interim uses for such rights-of-way, the development of conveyancing and leasing forms, conditions, and practices to assure such availability, a projection as to the costs of such a program, and recommendations regarding the administration of such a program; (3) a survey of existing Federal, State, and local programs utilizing or attempting to utilize abandoned railroad rights-ofway for public purposes, including an assessment of the benefits and costs of each; and (4) an assessment and evaluation of suggestions for more effective public utilization of abandoned railix>ad rights-of-way, including recommendations for legislative, administrative, and regulatory action, if any, and proposals as to the optimum level of funding therefor. (b) iNroRMATioN AND FuNDiNG.—The Secretary of the Interior, after consultation with the Secretary, shall, in accordance with this subsection, provide financial, educational, and technical assistance to local. State, and Federal governmental entities for programs involving the conversion of abandoned railroad rights-of-way to recreational and conservational uses, in such manner as to coordinate and accelerate such conversion, where appropriate. Such assistance shall include— (1) encouraging and facilitating exchanges of information dealing with the availability of railroad rights-of-way, the technology involved in converting such properties to such public purposes, and related matters; (2) making grants, in consultation with the Bureau of Outdoor Eecreation of the Department of the Interior, to State and local governmental entities to enable them to plan, acquire, and develop recreational or conservational facilities on abandoned railroad rights-of-way, which grants shall cover not more than 90 percent of the cost of the planning, acquisition, or development activity of the particular project for which funds are sought; (3) allocating funds to other Federal programs concerned with recreation or conservation in order to enable abandoned railroad rights-of-way, where appropriate, to be included in or made into national parks, national trails, national recreational areas, wildlife refuges, or other national areas dedicated to recreational or conservational uses; and (4) providing technical assistance to other Federal agencies. States, local agencies, and private groups for the purpose of enhancing conversion projects. To increase the available information and expertise, the Secretary may contract for special studies or projects and may otherwise collect, evaluate, and disseminate information dealing with the utilization of such rights-of-way.

90 STAT. 145 = c

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 90 STAT. 146 49 USC la.

49 USC la note.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 (c) CoNroRMiNG AMENDMENT.—Section l a of the Interstate Commerce Act, as inserted by this Act, is amended by redesignating paragraph (10) thereof as paragraph (11), and by inserting immediately after paragraph (9) the following new paragraph: " (10) I n any instance in which the Commission finds that the present or future public convenience and necessity permit abandonment or discontinuance, the Commission shall make a further finding whether such properties a r e suitable for use for other public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. I f the Commission finds that the properties proposed to be abandoned are suitable for other public purposes, it shall order that such rail properties not be sold, leased, exchanged, or otherwise disposed of except in accordance with such reasonable terms and conditions as are prescribed by the Commission, including, but not limited to, a prohibition on any such disposal, for a period not to exceed 180 days after the effective date of the order permitting abandonment unless such properties have first been offered, upon reasonable terms, for acquisition for public purposes.". (d) AUTHORIZATION o r APPROPRIATIONS.—There are authorized to

be appropriated to carry out the provisions of this section, not to exceed $6,000,000 for the fiscal year and the transitional fiscal period ending September 30, 1976, not to exceed $7,000,000 for the fiscal year ending September 30, 1977, and not to exceed $7,000,000 for the fiscal year ending September 30, 1978. Sums appropriated pursuant to this authorization are authorized to remain available until expended. Of the funds appropriated, a t least four-fifths are to be made available to the Secretary of the Interior to carry o u t subsection (b) of this section. RAIL BANK

49 USC 1653a.

SEC. 810. (a) ESTABLISHMENT.—The Secretary shall, within 180 days after the date of enactment of this Act, and after consultation with the Secretary of the Interior and the Secretary of Commerce, in accordance with this section, establish a rail bank to consist of rail trackage and other rail properties eligible under this subsection, for purposes of preserving existing service in certain areas of the United States in which fossil fuel natural resources or agricultural production is located. The Secretary may include in such rail bank any railroad trackage or other rail properties which are listed for consideration for inclusion in a rail bank under part III, section C, of the final system plan. (b) POWERS.— (1) The Secretary may acquire, by lease, purchase, or in such other manner as he considers appropriate, rail properties or any interests therein eligible for inclusion in the rail bank established under this section. Except as provided in paragraph (2) of this subsection, the Secretary may hold rail properties acquired for such rail bank, and may sell, lease, g r a n t rights over, or otherwise dispose of interests or rights in connection with such rail properties. (2) The Secretary may not dispose of any such rail properties pursuant to paragraph (1) of this subsection if he determines, after consultation with the Secretary of the Interior and the Secretary of Commerce, that such disposition would adversely affect the availability of such properties for any continued necessary access to, and egress by rail from, facilities in which fossil fuels are being or can be extracted or processed. (c) AUTHORIZATION OP APPROPRIATIONS.—There a r e authorized to

be appropriated to the Secretary for purposes of carrying out the

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provisions of this section such sums as are necessary, not to exceed $6,000,000. Sums appropriated pursuant to this section are authorized to remain available until expended. TITLE IX—MISCELLANEOUS PROVISIONS COMPREHENSIVE STUDY OF RAIL SYSTEM

SEC. 901. The Secretary shall conduct a comprehensive study of the American railway system. Such study shall commence not later than 45 days after the date of enactment of this Act. Such study shall include— (1) a showing of the potential cost savings and of possible improvements in service quality which could result from restructuring the railroads in the United States; (2) an identification of the potential economies and improvements in performance which could result from the improvement of local and terminal operations; (3) estimates as to potential savings in the cost of rehabilitating the United States raihvay system if rehabilitation is limited to those portions of such system which are essential to interstate , commerce or national defense; (4) an assessment of the extent to which common or public ownership of fixed facilities could improve the national rail transportation system; (5) an assessment of the potential effects of alternative rail corporate structures upon the national rail transportation system; ^6) a listing, in order of descending priority, of the rail properties which should be improved to the extent necessary to permit high-speed rail passenger or freight service over such properties, in terms of the costs and benefits of such improvements and the reasons therefor; and (7) an estimate of the potential benefits of railroad electrification for high density rail lines in the United States, and an evaluation of the costs and benefits of electrifying rail lines in the United States with a high density of traffic, including— (A) the capital costs of such electrification and the oil fuel economies which would be derived therefrom, the ability of existing power facilities to supply the additional power required, and the amount of coal or other fossil fuels required to generate the power necessary for railroad electrification; and (B) the advantages to the environment of electrification of railroads in terms of reduced fuel consumption and air pollution, and the disadvantages to the environment from increased use of fuels such as coal; and (8) a survej^ and analysis of the financial and physical condition of the facilities, rolling stock, and equipment oi the various railroads in the United States. Within 540 days after the date of enactment of this Act, the Secretary shall submit a report to the Congress setting forth the results of the study conducted pursuant to this section.

49 USC 1654 note.

Report to Congress,

STUDY OF AID TO RAIL TRANSPORTATION

SEC. 902. (a) STUDY.—Within 30 days after the date of the enact- 49 USC 1654 ment of this Act, the Secretary shall initate a comprehensive study note, and analysis of (1) past and present policies and methods of providing Federal aid for the construction, improvement, operation, and

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 90 STAT. 14fi

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.

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PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 maintenance of rail transportation facilities and services, (2) the relationship of such policies and methods to the policies and methods of providing Federal aid for other modes of transportation, and (3) whether common carriers by railroad have been or are disadvantaged by reason of such policies and methods, and, if such carriers have been or are disadvantaged, the extent of such disadvantage. The Secretary shall examine ways and means by which future policy respecting Federal aid to rail transportation may be so determined and developed as to encourage the establishment and maintenance of an open and competitive market in which rail transportation competes on equal terms with other modes of transportation, and in which market shares are governed by customer preference based upon the service and full economic costs. (b) COOPERATION.—The Commission and the Secretary of the Army are authorized and directed to cooperate fully with the Secretary in carrying out the purposes of this section, and also to submit such independent and separate reports, comments, and recommendations as they consider appropriate. (c) INFORMATION.—In carrying out the purposes of this section, the Secretary may require all common carriers by railroad to file such reports containing such information as the Secretary considers necessary. The Secretary shall have the power to require by subpoena the production of such books, papers, tariffs, contracts, agreements, or other documents or data of a common carrier by railroad related to the study and analysis as he considers relevant. The Secretary may treat as confidential and privileged any document, data, or information received for such study and analysis, notwithstanding the provisions of section 552 of title 5, United States Code. (d) REPORT TO CONGRESS.—Within 1 year after the date of enactment of this Act, the Secretary shall complete the study and analysis authorized and directed by this section, and shall transmit a report to the Congress containing his findings and conclusions, together with his recommendations for a sound and rational policy with respect to Federal aid to rail transportation. STUDY o r CONGLOMERATES

49 USC 5c note.

Report to Congress.

SEC. 903. The Commission shall undertake a study of conglomerates and of such other corporate structures as are presently found within the rail transportation industry. The Commission shall determine what effects, if any, such diverse structures have on effective transportation, on intermodal competition, on revenue levels, and on such other aspects of national transportation as the Commission considers to be legitimate subjects of study. The Commission shall prepare a report with appropriate recommendations and shall submit its report to the Congress within 1 year after the date of enactment of this Act. RAIL ABANDONMENT REPORT

Report to Congress. 45 USC 745 note,

SEC. 904. The Secretary shall submit to the Congress, within 90 days after the date of enactment of this Act, a comprehensive report on the anticipated effect, including the environmental impact, of an^ abandonments of lines of railroad and any discontinuances of rail service in States outside the region, as defined in section 102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702). NONDISCRIMINATION

45 USC 803.

SEC. 905. (a) GENERAL.—No person in the United States shall on the ground of race, color, national origin, or sex be excluded from

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90 STAT. 149

participation in, or denied the benefits of, or be subjected to discrimination under, any project, program, or activity funded in whole or in part through financial assistance under this Act. (b) COMPLIANCE.—(1) Whenever the Secretary determines that any person receiving financial assistance, directly or indirectly, under this Act, or under any provision of law amended by this Act, has failed to comply with subsection (a) of this section, with any Federal civil r i g h t s statute, or with any order or regulation issued under such a statute, the Secretary shall notify such person of such determination and shall direct such person to take such action as may be necessary to assure compliance with such subsection. (2) If, within a reasonable period of time after receiving notification pursuant to paragraph (1) of this subsection, such person fails or refuses to comply with subsection (a) of this section, the Secretary shall— (A) direct that no further Federal financial assistance be provided to such person; (B) refer the matter to the Attorney General with a recommendation that an a p p r o p r i a t e civil action be instituted; (C) exercise the powers and functions provided by title VI of the Civil R i g h t s Act of 1964 (42 U.S.C. 2000d et seq.); and / o r (D) take such other actions as may be provided by law, (c) CIVIL ACTION.—Whenever a m a t t e r is referred to the Attorney General pursuant to subsection (b) of this section, or whenever the Attorney General has reason to believe that any person is engaged in a p a t t e r n or practice in violation of the provisions of this section, the A t to r n e y General may commence a civil action in any a p p r o p r i a t e district court of the United States for such relief as may be appropriate, including injunctive relief. (d) REGULATIONS.—The Secretary may prescribe such regulations and take such actions as are necessary to monitor, enforce, and affirmatively carry out the purposes of this section. (e) JUDICIAL R E VI E W. — Any determinations made or actions taken by the Secretary u r s u a n t to this section shall be subject to judicial review. (f) DEFINITION. — For purposes of this section, the term "financial assistance" includes obligation guarantees. MINORITY RESOURCE CENTER

SEC. 906. The Department of Transportation Act (49 U.S.C. 1651 49 USC 1651 et seq.) is amended (1) by redesignating sections 11 through 15 thereof notes, 1658, as sections 12 through 16 thereof, and (2) by inserting a new section 11 1659. as follows: " M I N O R I T Y RESOURCE CENTER

" SEC. 11. (a) The Secretary shall, within 180 days after the date of Establishment. enactment of this section, establish a Minority Resource Center (here- 49 USC 1657a. after in this section referred to as the ' Center '). " (b) The Center shall have an Advisory Committee, which shall consist of 5 individuals appointed by the Secretary from lists of 3 qualified individuals recommended by minority-dominated trade associations in the minority business community. " (c) The Center is authorized to— " (1) establish and maintain, and disseminate information from, a national information clearinghouse for minority entrepreneurs and businesses, for purposes of furnishing, to such entrepreneurs and businesses, information with respect to business opportunities

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 90 STAT. 150

"Minority."

PUBLIC LAW 94-210—FEB. 5, 1976 involving the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads; "(2) assist minority entrepreneurs and businesses in obtaining "' investment capital and debt financing; "(3) conduct market research, planning, economic and business analyses, and feasibility studies to identify such opportunities; "(4) design and conduct programs to encourage, promote, and assist minority entrepreneurs and businesses to secure contracts, subcontracts, and projects related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads; "(5) enter into such contracts, cooperative agreements, or other transactions as may be necessary in the conduct of its functions and duties; "(6) develop support mechanisms, including venture capital, '• surety and bonding organizations, and management and technical services, which will enable minority entrepreneurs and businesses to take advantage of business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads; and "(7) participate in, and cooperate with, all Federal programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses. " (d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with such relevant information, including procurement schedules, bids, and specifications with respect to particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects, as may be requested by the Center in connection with the performance of its functions. "(e) As used in this section, the term 'minority' includes women.". Approved February 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-725 accompanying H.R. 10979 (Comm. on Interstate and Foreign Commerce) and Nos. 94-768 and 94-781 (Comm. of Conference). SENATE REPORTS: No. 94-499 (Comm. on Commerce) and Nos. 94-585 and 94-595 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 2, 4, considered and passed Senate. Dec. 17, considered and passed House, amended, in lieu of H.R. 10979. Dec. 19, Senate and House agreed to conference report. Vol. 122 (1975): Jan. 20, House vacated certain actions and recommitted the bill to committee of conference. .. = '(! i Jan. 2 1, Senate vacated certain actions and recommitted the bill to committee of conference. Jan. 28, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 6 (1976): Feb. 5, Presidential statement.

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90 STAT. 151

Public Law 94-211 94th Congress An Act To authorize the One Hundred and First Airborne Division Association to erect a memorial in the District of Columbia or its environs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the One H u n dred and F i r s t Airborne Division Association is authorized to erect a memorial on public grounds in the District of Columbia or its environs in honor and in commemoration of the men of the "Screaming E a g l e s " of the One H u n d r e d and F i r s t Airborne Division, United States Army, who have served their country in World W a r II, Vietnam, and maintaining peace. SEC. 2. (a) The Secretary of the Interior is authorized and directed to select, with the approval of the National Commission of F i n e A r t s and the National Capital P l a n n i n g Commission, a suitable site on public grounds in the District of Columbia, or its environs, upon which may be erected the memorial authorized in the first section of this Act: Provided, That the site selected is on public grounds belonging to or under the jurisdiction of the government of the District of Columbia, the approval of the Mayor of the District of Columbia shall also be obtained. (b) The design and plans for such memorial shall be subject to the approval of the Secretary of the Interior, the National Commission of F i n e A r t s and the National Capital P l a n n i n g Commission, and the United States or the District of Columbia shall be put to no expense in the erection thereof. SEC. 3. The authority conferred pursuant to this Act shall lapse unless (1) the erection of such memorial is commenced within five years from the date of enactment of this Act, and (2) p r i o r to its commencement funds are certified available in an amount sufficient, in the judgment of the Secretary of the Interior to insure completion of the memorial. SEC. 4. The maintenance and care of the memorial erected under the provisions of this Act shall be the responsibility of the Secretary of the Interior, or, if the memorial is erected upon public grounds belonging to or under the jurisdiction of the District of Columbia, the government of the District of Columbia. Approved February 6, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-740 accompanying H.R. 3710 (Comm. on House Administration). SENATE REPORT No. 94-494 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 1, considered and passed Senate. Vol. 122 (1976): Jan. 20, considered and passed House, in lieu of H.R. 3710.

Feb. 6, 1976 [S. 1847]

D.C. One Hundred and First Airborne Division Association. "Screaming Eagles", memorial. Site selection.

Design.

Authority.

Maintenance.

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 PUBLIC LAW 94-212—FEB. 9, 1976

90 STAT. 153

Public Law 94-212 94th Congress An Act Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, for military functions administered by the Department of Defense, and for other purposes, namely: TITLE I MILITARY PERSONNEL .

MILITARY PERSONNEL, ARMY

,

,

,;•

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere); $8,180,347,000. For "Military personnel. Army" for the period July 1, 1976, through September 30, 1976; $2,064,635,000. MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; $5,722,300,000. For "Military personnel, Navy" for the period July 1, 1976, through September 30, 1976; $1,451,668,000. MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); $1,806,377,000. For "Military personnel. Marine Corps" for the period July 1, 1976, through September 30, 1976; $460,117,000. MILITARY PERSONNEL, A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including

Feb. 9, 1976 [H.R. 9861]

Department of Defense Appropriation Act, 1976.

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 90 STAT. 154

PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976 all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the A i r Force on active d u t y (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $7,251,524,000. For "Military personnel. A i r For c e " for the period July 1, 1976, through September 30, 1976; $1,776,677,000. RESERVE PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve t r a i n i n g or while performing drills or equivalent duty, and for members of the Reserve Officers' T r a i n i n g Corps, as authorized by law; $468,879,000. For "Reserve personnel. Army " for the period July 1, 1976, through September 30, 1976; $165,299,000. RESERVE PERSONNEL,

NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Naval Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Reserve Officers' T r a i n i n g Corps, as authorized by law; $200,035,000. For "Reserve personnel. Navy " for the period July 1, 1976 through September 30, 1976; $59,525,000. RESERVE PERSONNEL, M A R I N E CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 265 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, as authorized by law; $70,652,000. For "Reserve personnel. Marine Corps" for the period July 1, 1976, through September 30, 1976; $28,082,000. RESER\TE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the A i r Force Reserve on active duty under sections 265, 8019, and 8033 of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the A i r Reserve Officers' Training Corps, as authorized by law; $157,500,000. For "Reserve personnel, Air For c e " for the period July 1, 1976, through September 30, 1976; $48,260,000. NATIONAL GUARD PERSONNEL, A R M Y

For pa,j, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National G u a r d while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing t r a i n i n g or while

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90 STAT. 155

performing drills or equivalent duty, as authorized by law; $696,900,000. For "National Guard personnel. Army" for the period July 1, 1976, through September 30, 1976; $209,050,000. NATIONAL GUARD PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 265, 8033, or 8496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while performing drills or equivalent duty, as authorized by law; $212,318,000, For "National Guard personnel. Air Force" for the period July 1, 1976, through September 30, 1976; $60,924,000. TITLE II R E T I R E D MILITARY PERSONNEL RETIRED PAY, DEFENSE

For retired pay and retirement pay, as authorized by law, of military personnel on the retired lists of the Army, Navy, Marine Corps, and the Air Force, including the reserve components thereof, retainer pay for personnel of the Inactive Fleet Reserve, and payments under section 4 of Public Law 92-425 and chapter 73 of title 10, United States 10 USC 1448 Code; $6,885,200,000. note, 1431 et seq. For "Retired pay, Defense" for the period July 1, 1976, through September 30, 1976; $1,775,100,000. TITLE III OPERATION AND MAINTENANCE OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $2,629,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes; $7,052,000,000, of which not less than $400,000,000 shall be available only for the maintenance of real property facilities: Provided, That not to exceed $42,214,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently withdrawn under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972: Provided further, That funds provided in this Act for the operation and the maintenance of the anti-ballistic-missile facility (other than funds provided for operation and maintenance of the Perimeter Acquisition Radar) may be used only for the purpose of the expeditious termination and deactivation of all operations of that facility. For "Operation and maintenance. Army" for the period July 1, 1976, through September 30, 1976; $1,779,000,000, of which not to exceed $658,000 can be used for emergencies and extraordinary expenses.

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 90 STAT. 156

PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976 ' "'

'*

OPERATION AND M A I N T E N A N C E, N A V Y

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $4,239,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes; $8,069,400,000, of which not less than $200,000,000 shall be available only for the maintenance of real property facilities: Provided, That of the total amount of this appropriation made available for the alteration, overhaul, and repair of naval vessels, not more than $1,335,500,000 shall be available for the performance of such work in Navy s h i p y a r d s: Provided further, That not to exceed $54,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently w i t h d r a w n under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972. For "Operation and maintenance. Navy " for the period July 1, 1976, through September 30, 1976; $2,133,557,000, of which not to exceed $1,060,000 can be used for emergencies and extraordinary expenses. OPERATION AND M A I N T E N A N C E, M A R I N E CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; $497,110,000, of which not less than $55,000,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance, Marine Corps" for the period July 1, 1976, through September 30, 1976; $125,506,000. OPERATION AND M A I N T E N A N C E, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the A i r Force, as authorized by law; and not to exceed $2,333,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the A i r Force, and payments may be made on his certificate of necessity for confidential military purposes; $7,498,679,000, of which not less than $340,000,000 shall be available only for the maintenance of real property facilities: Provided, That not to exceed $67,000,000, in the aggregate of the unobligated balances of appropriations made under this head for prior fiscal years, and subsequently w i t h d r a w n under the Act of July 25, 1956, as amended (31 U.S.C. 701), may be restored to the appropriation account under this head for the fiscal year 1972. For "Operation and maintenance. A i r For c e " for the period July 1, 1976, through September 30, 1976; $1,897,495,000, of which not to exceed $527,000 can be used for emergencies and extraordinary expenses. OPERATION AND M A I N T E N A N C E, D E F E N S E AGENCIES

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil

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 PUBLIC LAW 94-212—FEB. 9, 1976 Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities, $787,753,000, of which $515,041,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $211,391,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $11,599,000; for the Office of Information for the Armed Forces, $16,242,000; for the Defense Contract Audit Agency, $68,123,000; for the Defense Investigative Service, $25,397,000; for the Defense Mapping Agency, $185,032,000; for the Defense Nuclear Agency, $22,509,000; for the Uniformed Services University of the Health Sciences, $3,981,000; for the Defense Supply Agency, $789,654,000; and for intelligence and communications activities, $565,141,000; in all: $2,475,431,000: Provided, That of the total amount of this appropriation, not to exceed $9,208,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $26,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased hj more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. For "Operation and maintenance, Defense agencies" for the period July 1, 1976, through September 30, 1976, as follows: for the Secretary of Defense activities, $195,365,000, of which $130,358,000 shall be available only for the Civilian Health and Medical Program of the Uniformed Services, and $50,018,000 shall be available only for Overseas Dependents Education; for the organization of the Joint Chiefs of Staff, $3,057,000; for the Office of Information for the Armed Forces, $4,097,000; for the Defense Contract Audit Agency, $17,342,000; for the Defense Investigative Service, $6,144,000; for the Defense Mapping Agency, $46,160,000; for the Defense Nuclear Agency, $5,603,000; for the Uniformed Services University of the Health Sciences, $1,254,000; for the Defense Supply Agency, $201,555,000; for intelligence and communications activities, $147,148,000; in all: $627,725,000, of which not to exceed $1,964,500 can be used for emergencies and extraordinary expenses: Provided, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $310,710,000, of which not less than $20,000,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance. Army Reserve" for the period July 1, 1976, through September 30, 1976; $91,100,000.

90 STAT. 157

Notice to Congress.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/208

 90 STAT. 158

PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976 OPERATION AND M A I N T E N A N C E, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $284,425,000, of which not less than $11,500,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance, Navy Reserve" for the period July 1, 1976, through September 30, 1976; $73,250,000. OPERATION AND M A I N T E N A N C E, M A R I N E CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $12,000,000, of which not less than $500,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance. Marine Corps Reserve" for the period July 1, 1976, through September 30, 1976; $3,400,000. OPERATION AND M A I N T E N A N C E, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the A i r Force Reserve; repair of facilities and equipment; h i r e of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications; $322,430,000, of which not less than $10,500,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance. A i r Force Reserve" for the period July 1, 1976, through September 30, 1976; $81,190,000. OPERATION AND M A I N T E N A N C E, A R M Y NATIONAL

GUARD

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National G u a r d B u r e a u; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National G u a r d division, regimental, and battalion commanders while inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National Guard B u r e a u; supplying and equipping the Army National G u a r d as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including a i r c r a f t); $649,930,000, of which not less than $12,500,000 shall be available only for the maintenance of real property facilities. For "Operation and maintenance. Army National G u a r d " for the period July 1, 1976, through September 30, 1976; $173,285,000.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/209

 PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976

90 STAT. 159

OPERATION AND M A I N T E N A N C E, A I R NATIONAL GUARD

For operation and maintenance of the A i r National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the t r a i n i n g and administration of the A i r National Guard, including repair of facilities, maintenance, operation, and modification of a i r c r a f t; transportation of t h i n g s; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the A i r National G u a r d; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for A i r National Guard personnel on active Federal duty, for A i r National G u a r d commanders while inspecting units in compliance with National G u a r d regulations when specifically authorized by the Chief, National G u a r d B u r e a u; $697,100,000, of which not less than $8,50p,p00 shall be available only for the maintenance of real property facilities. For "Operation and mamtenance. A i r National G u a r d " for the period July 1, 1976, through September 30, 1976; $181,200,000. A R M Y STOCK

FUND

For the Army stock fund, $20,000,000. NAVY STOCK

FUND

For the Navy stock fund, $10,000,000. M A R I N E CORPS STOCK

FUND

For the Marine Corps stock fund, $2,000,000. A I R FORCE STOCK

FUND

For the A i r Force stock fund, $15,000,000. D E F E N S E STOCK

FUND

For the Defense stock fund, $88,000,000. NATIONAL

BOARD FOR THE

PROMOTION

OF R I F L E

PRACTICE,

ARMY

For the necessary expenses, in accordance with law, for construction, equipment, and maintenance of rifle ranges; the instruction of citizens in m a r k s m a n s h i p; the promotion of rifle practice; and the travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions; $233,000, of which amount not to exceed $7,500 shall be available for incidental expenses of the National B o a r d; and from other funds provided i n t h i s Act, not to exceed $280,000 worth of ammunition may be issued under authority of title 10, United States Code, section 4311. For "National B o a r d for the Promotion of Rifle Practice, Army " for the period July 1, 1976, through September 30, 1976; $93,000.

89-194 O—78—pt. 1

14

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Page:United States Statutes at Large Volume 90 Part 1.djvu/210

 90 STAT. 160

PUBLIC LAW 94-212—FEB. 9, 1976 f,,^,-

NAVAL. PETROLEUM RESERVE

For expenses of exploration, prospecting, conservation, development, production, use and operation of the naval petroleum and oil shale reserves as authorized by law, $117,700,000. For "Naval petroleum reserve" for the period July 1, 1976, through September 30, 1976; $47,500,000. -

CLAIMS, DEFENSE

For payment, not otherwise provided for, of claims authorized by law to be paid by the Department of Defense (except for civil functions), including claims for damages arising under training contracts with carriers, and repayment of amounts determined by the Secretary concerned, or officers designated by him, to have been erroneously collected from military and civilian personnel of the Department of Defense, or from States, territories, or the District of Columbia, or members of the National Guard units thereof; $71,600,000. For "Claims, Defense" for the period July 1, 1976, through September 30, 1976; $15,500,000. CONTINGENCIES, DEFENSE

'

For emergency and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes; $2,500,000. For "Contingencies, Defense" for the period July 1, 1976, through September 30, 1976; $725,000. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the United States Couit of Military Appeals; $1,134,000. For "Court of Military Appeals, Defense" for the period July 1, 1976, through September 30, 1976; $285,000. TITLE IV PROCUREMENT AIRCRAFT PROCUREMENT, ARMY

/

40 USC 255.

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $333,500,000 to remain available for obligation until September 30, 1978.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/211

 PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976

90 STAT. 161

For "Aircraft procurement, Army " for the period July 1, 1976, through September 30, 1976; $59,400,000, to remain available for obligation until September 30, 1978. M I S S I L E PROCUREMENT, A R M T

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and t r a i n i n g devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation 40 USC 255. of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owner equipment l a y a w a y; and other expenses necessary for the foregoing purposes; $422,600,000, to remain available for obligation until September 30, 1978. For "Missile procurement, Army " for the period July 1, 1976, through Septemljer 30, 1976; $42,600,000, to remain available for obligation until September 30, 1978. PROCUREMENT OF W E A P O N S AND TRACKED COMBAT V E H I C L E S, A R M Y

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private p l a n t s; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $881,400,000, of which $365,600,000 shall be available only for the production of ]\I60A1 tanks, to remain available for obligation until September 30, 1978. For "Procurement of weapons and tracked combat vehicles. Army " for the period July 1, 1976, through September 30, 1976; $255,000,000, of which $150,900,000 shall be available only for the production of M60A1 tanks, to remain available for obligation until September 30, 1978. PROCUREMENT OF AMMUNITION,

. ^

ARMY

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equip-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/212

 90 STAT. 162

PUBLIC LAW 94-212—FEB. 9, 1976 ment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes: Provided, That none of the funds provided in this Act may be obligated for construction or modernization of Government-owned contractoroperated Army Ammunition Plants for the production of 105mm artillery projectile metal parts until a new study is made of such requirements by the Department of the Army; the Secretary of the Army certifies to Congress that such obligations are essential to national defense; and until approval is received from the Appropriations and Armed Services Committees of the House and the Senate, $637,200,000, to remain available for obligation until September 30, 1978. For "Procurement of ammunition, Army" for the period July 1, 1976, through September 30, 1976; $252,800,000, to remain available for obligation until September 30, 1978. OTHER PROCUREMENT, ARMY

40 USC 255.

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; the purchase of not to exceed two thousand three hundred and fifty-six passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United States Code, for the foregoing purposes, and such lands and interest therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes; $912,300,000, to remain available for obligation until September 30, 1978. For "Other procurement. Army" for the period July 1, 1976, through September 30, 1976; $197,700,000, to remain available for obligation until September 30, 1978. AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of aircraft, equipment including ordnance, spare parts, and accessories therefor; specialized equipment, expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $2,972,800,000, to remain available for obligation until September 30, 1978. For "Aircraft procurement, Navy" for the period July 1, 1976, through September 30, 1976; $605,500,000, to remain available for obligation until September 30, 1978.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/213

 PUBLIC LAW 94-212—FEB. 9, 1976

90 STAT. 163

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation 40 USC 255. of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $1,172,600,000, of which no more than $15,000,000 shall be available for the Condor missile program until the Secretary of Defense determines and advises the Congress that the Condor missile system has successfully completed testing and can be released for production, to remain available for obligation until September 30, 1978. For "Weapons procurement, Navy" for the period July 1, 1976, through September 30, 1976; $321,700,000, to remain available for obligation until September 30, 1978. SHIPBUILDING AND CONVERSION, NAVY (INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long leadtime components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; as follows: for the Trident submarine program, $641,300,000; for the SSN-688 nuclear attack submarine program, $541,000,000; for completion of the second PHM patrol hydrofoil missile ship, $39,000,000; for nine P F patrol frigates, $802,500,000; for one AD destroyer tender, $201,900,000; for two AO fleet oilers, $239,400,000; for three T-ATF fleet ocean tugs, $41,400,000; for ship waste off loading barges, $11,500,000; for service craft, $1,400,000; for outfitting, $36,200,000; for post delivery, $19,700,000; for cost growth, $932,400,000; and for escalation on prior year programs, $345,300,000, and in addition, $75,000,000 which shall be derived by transfer from "Shipbuilding and conversion. Navy, 1975/1979"; in all: $3,853,000,000, and in addition $75,000,000 in transfers as hereinbefore provided, to remain available for obligation until September 30, 1980: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipvards. For "Shipbuilding and conversion. Navy" for the period July 1, 1976, through September 30, 1976; as follows": for the Trident submarine program, $253,000,000; for the SSN-688 nuclear attack submarine

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Page:United States Statutes at Large Volume 90 Part 1.djvu/214

 90 STAT. 164

PUBLIC LAW 94-212—FEB. 9, 1976 program, $189,000,000; for the P H M patrol hydrofoil missile ship program, $24,200,000; and for outfitting, $5,000,000; in all: $471,200,000, to remain available for obligation until September 30, 1980. OTHER PROcuitEMENT, NAVY

40 USC 255.

I-

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), purchase of not to exceed one thousand and eighty-eight passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; reserve plant and Government and contractor-owned equipment layaway; $1,829,700,000, to remain available for obligation until September 30, 1978. For "Other procurement. Navy" for the period July 1, 1976, through September 30, 1976; $464,500,000, including purchase of not to exceed one hundred and fourteen passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978. PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, ammunition, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public or private plants; reserve plant and Government and contractor-owned equipment layaway; and vehicles for the Marine Corps, including purchase of not to exceed one hundred and fifty-seven passenger motor vehicles for replacement only; $281,000,000, to remain available for obligation until September 30, 1978. For "Procurement, Marine Corps" for the period July 1, 1976, through September 30, 1976; $40,400,000, to remain available for obligation until September 30, 1978. AIRCRAFT PROCUREMENT, AIR FORCE (INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things; $3,933,700,000, of which $251,200,000 shall be available to fully fund only four E-3A Airborne Warning and Control

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