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ill which the residence is located. Such costs shall include a real estate commission paid to a licensed realtor (not to exceed $3,000 or 6 per centum of sale price, whichever is less), and any prepayment penalty required by the institution holding the mortgage; such costs shall not include the payment of any "points" by the seller. (B) If the protected employee holds an unexpired lease on a dwelling occupied by him as his home, he shall be protected from all loss and cost in securing the cancellation of said lease. (C) No claim for costs or loss shall be paid under the provisions of this paragraph unless the claim is presented to the Corporation or an acquiring railroad within 90 days after such costs or loss are incurred. (D) Should a controversy arise with respect to the value of the home, the costs or loss sustained in its sale, the costs or loss under a contract for purchase, loss or cost in securing termination of a lease, or any other question in connection with these matters, it shall be decided through joint conference between the employee, or his representative, and the Corporation or an acquiring railroad. In the event they are unable to agree, the dispute or controversy may be referred by either party to a board of competent real estate appraisers, selected in the following manner: One to be selected by the employee or his representative and one by the Corporation or acquiring railroad and these two, if unable to agree upon a valuation within 30 days, shall endeavor by agreement within 10 days thereafter to select a third appraiser, or to agree to a method by which a third appraiser shall be selected, and, failing such agreement, either party may request the National Mediation Board to designate within 10 days a third qualified real estate appraiser whose designation will be binding upon the parties. A decision of a majority of the appraisers shall be required and said decision shall be final and conclusive. The salary and expenses of the third or neutral appraiser, including the expenses of the appraisal board, shall be borne equally by the parties to the proceedings. All other expenses shall be paid by the party incurring them, including the compensation of the appraiser selected by such party. (h) APPLICATION OF TITLE.—Should a railroad rearrange or adjust its forces in anticipation of a transaction with the purpose or effect of depriving a protected employee of benefits to which he otherwise would have become entitled under this title, the provisions of this title will apply to such employee. CONTRACTING

OUT

SEC. 506. All work in connection with the operation or services provided by the Corporation on the rail lines, properties, equipment, or facilities acquired pursuant to the provisions of this Act and the maintenance, repair, rehabilitation, or modernization of such lines, properties, equipment, or facilities which has been performed by practice or agreement in accordance with provisions of the existing contracts in effect with the representatives of the employees of the classes or crafts involved shall continue to be performed by said Corporation's employees, including employees on furlough. Should the Corporation lack a sufficient number of employees, including employees on furlough, and be unable to hire additional employees, to perform the work required, it shall be permitted to subcontract that part of such

1019

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[87 STAT.

work which cannot be performed by its employees, including those on furlough, except where agreement by the representatives of the employees of the classes or crafts involved is required by applicable collective-bargaining agreements. The term "unable to hire additional employees" as used in this section contemplates establishment and maintenance by the Corporation of an apprenticeship, training, or recruitment program to provide an adequate number of skilled employees to perform the work. ARBITRATION

48 Stat. 1193 50 Stat. 2 0 8.

4ru'sc Ts3.

SEC. 507. Any dispute or controversy with respect to the interpretation, application, or enforcement of the provisions of this title, except section 504(d) and those disputes or controversies provided for in subsection (g)(2)(D) of section 505 and subsection (b) of section 504 which have not been resolved within 90 days, may be submitted by either party to an Adjustment Board for a final and binding decision thereon as provided in section 3 Second, of the Railway Labor Act, in which event the burden of proof on all issues so presented shall be upon the Corporation or, where applicable, the Association. ACQTJIRING RAILROADS

SEC. 508. An acquiring railroad shall offer such employment and afford such employment protection to employees of a railroad from which it acquires properties or facilities pursuant to this Act, and shall further protect its own employees who are adversely affected by such acquisition, as shall be agreed upon between the said acquiring railroad and the representatives of such employees prior to said acquisition: Provided, however, That the protection and benefits provided for protected employees in such agreements shall be the same as those specified in section 505 of this title: And provided further, however, That unless and until such agreements are reached, the acquiring railroad shall not enter into purchase agreements pursuant to section 303 of this Act. T A Y M E N T S OF B E N E F I T S

SEC. 509. The Corporation, the Association (where applicable), and acquiring railroads, as the case may be, shall be responsible for the actual payment of all allowances, expenses, and costs provided protected employees pursuant to the provisions of this title. The Corporation, the Association (where applicable), and acquiring railroads shall then be reimbursed for such actual amounts paid protected employees, not to exceed the aggregate sum of $250,000,000, pursuant to the provisions of this title by the Railroad Retirement Board upon certification to said Board by the Corporation, the Association (where applicable), and acquiring railroads of the amounts paid such employees. Such reimbursement shall be made from a separate account maintained in the Treasury of the United States to be know as the Regional Appropriation. '^QXI Transportation Protective Account. There is hereby authorized to be appropriated to such protective account annually such sums as may be required to meet the obligations payable hereunder, not to exceed in the aggregate, however, the sum of $250,000,000. There is further authorized to be appropriated to the Railroad Retirement Board annually such sums as may be necessary to provide for additional administrative expenses to be incurred by the Board in the performance of its functions under this section.

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PUBLIC LAW 93-236-JAN. 2, 1974

1021

TITLE VI — M I S C E L L A N E O U S PROVISIONS RELATIONSHIP TO OTHER LAWS

SEC. 601. (a) ANTITRUST.—(1) Except as specifically provided in paragraph (2) of this subsection, no provision of this Act shall be deemed to convey to any railroad or employee or director thereof any immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. (2) The antitrust laws are inapplicable with respect to any action taken to formulate or implement the final system plan where such action was in compliance with the requirements of such plan. (3) As used in this subsection, "antitrust laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended; sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended; the Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended; and the antitrust laws of any State or subdivision thereof. (b) COMMERCE AND BANKRUPTCY.—The provisions of the Interstate Commerce Act (49 U.S.C. 1 et seq.) and the Bankruptcy Act (11 U.S.C. et seq.) are inapplicable to transactions under this Act to the extent necessary to formulate and implement the final system plan whene\er a provision of any such Act is inconsistent with this Act. (c) ENVIRONMENT.— (1) The provisions of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332 (2)(C)) shall not apply with respect to any aotion taken under authority of this Act before the effective date of the final system plan. (d) NORTHEAST CORRIIX)R.— (1) Rail properties designated in accordance with section 206(c)(1)(C) of this Act shall be leased or may (at its option) be purchased or otherwise acquired by the National Railroad Passenger Corporation. The Corporation shall negotiate an appropriate sale or lease agreement with the National Railroad Passenger Corporation as provided in the final system plan. (2) Properties acquired by purchase, lease, or otherwise pursuant to this subsection shall be improved in order to meet the goal set forth in section 206(a)(3) of this Act, relating to improved high-speed passenger service, by the earliest practicable date after the date of enactment of this Act. (3) The Secretary shall begin the necessary engineering studies and improvements upon enactment. (4) The final system plan shall provide for any necessary coordination with freight or commuter services of use of the facilities designated in section 206(c)(1)(C) of this Act. Such coordination may be effectuated through a single operating entity, designated in the final system plan, or as mutually agreed upon by the interested parties. (5) Construction or improvements made pursuant to this subsection may be made in consultation with the Corps of Engineers. (e) EMERGENCY SERVICE.—Section 1(16) of the Interstate Commerce Act (49 U.S.C. 1 (16)) is amended by inserting " (a) " before the word "AVhenever" in the first sentence and adding the following new paragraph: " (b) Whenever any carrier by railroad is unable to transport the traffic offered it because— "(1) its cash position makes its continuing operation impossible; "(2) it has been ordered to discontinue any service by a court: or

15 15 15 15 15

use use use use use

1. 12. 58.

8, 9. 13.

24 Stat. 379 30 Stat. 544

^^ ^*^*- ^^2^"'^'?• ^^s.

^i Stat. MI.

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84 Stat. 971

"Cost.

PUBLIC LAW 93-236-JAN. 2, 1974

[87 STAT.

"(3) it has abandoned service without obtaining a certificate from the Commission pursuant to this section; the Commission may, upon the same procedure as provided in paragraph (15) of this section, make such just and reasonable directions with respect to the handling, routing, and movement of the traffic available to such carrier and its distribution over such carrier's lines, as in the opinion of the Commission will best promote the service in the interest of the public and the commerce of the people subject to the following conditions: "(xA.) Such direction shall be effective for no longer than 60 days unless extended by the Commission for cause shown for an additional designated period not to exceed 180 days. " (B) No such directions shall be issued that would cause a carrier to operate in violation of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421) or that would substantially impair the ability of the carrier so directed to serve adequately its own patrons or to meet its outstanding common carrier obligations. " (C) The directed carrier shall not, by reason of such Commission direction, be deemed to have assumed or to become responsible for the debts of the other carrier. " (D) The directed carrier shall hire employees of the other carrier to the extent such employees had previously performed the directed service for the other carrier, and, as to such employees as sihall be so hired, the directed carrier shall be deemed to have assumed all existing employment obligations and practices of the other carrier relating thereto, including, but not limited to, agreements governing rate of pay, rules and working conditions, and all employee protective conditions commencing with and for the duration of the direction. " (E) Any order of the Commission entered pursuant to this paragraph shall provide that if, for the period of its effectiveness, the cost, as hereinafter defined, of handling, routing, and moving the traffic of another carrier over the other carrier's lines of road shall exceed the direct revenues therefor, then upon request, payment shall be made to the directed carrier, in the manner hereinafter provided and within 90 days after expiration of such order, of a sum equal to the amount by which such cost has exceeded said revenues. The t^rm 'cost' shall mean those expenditures made or incurred in or attributable to the operations as directed, including the rental or lease of necessary equipment, plus an appropriate allocation of common expenses, ov^erheads, and a reasonable profit. Such cost shall be then currently recorded by the carrier or carriers in such manner and on such forms as by general order may be prescribed by the Commission and shall be submitted to and subject to audit by the Commission. The Commission shall certify promptly to the Secretary of the Treasury the amount of payment to be made to said carrier or carriers under the provisions of this paragraph. Payments required to be made to a carrier under the provisions of this paragraph shall be made by the Secretary of the Treasury from funds hereby authorized to be appropriated in such amounts as may be necessary for the purpose of carrying out the provisions hereof.". A N N U A L EVALUATION BY THE SECRETARY

Report to Con-

g re ss

g^^^ gQg ^ g ^^^^ ^^ j^^g annual report each year, the Secretary shall transmit to Congress each year a comprehensive report on the effectiveness of the Association and the Corporation in implementing the purposes of this Act, together with any recommendations for additional legislative or other action.

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1023

PUBLIC LAW 93-237-JAN. 2, 1974 F R E I G H T RATES FOR

RECYCLABLES

SEC. 603. The Commission shall, by expedited proceedings, adopt appropriate rules under the Interstate Commerce Act (49 U.S.C. 1 et seq.) which will eliminate discrimination against the shipment of recyclable materials in rate structures and in other Commission practices where such discrimination exists.

24 Stat. 379.

SEPARABILITY

SEC. 604. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. Approved January 2, 1974. Public Law 93-237 AN ACT To amend the Small Business Act. Be it enacted by the Senate and House of Representatives United States of America in Congress assemhhd,

January 2, 1974 [S. 2482]

of the Small B u s i n e s s Act, amendments.

AUTHORIZATION

1. Paragraph (4) of section 4(c) of the Small Business Act is amended— (1) by striking out "$4,300,000,000'' and inserting in lieu thereof "$4,875,000,000"; (2) by striking out "$500,000,000" where it appears in clause (B) and inserting in lieu thereof "$556,250,000"; (3) by striking out "$500,000,000" where it appears in clause (C) and inserting in lieu thereof "$525,000,000"; and (4) by striking out "$350,000,000" and inserting in lieu thereof "$381,250,000". Any additional amounts authorized by this Act which are not obligated by June 30, 1974, shall no longer be available after that date. SECTION

80 Stat. 132; 86 Stat. 382. 15 USC 6 3 3.

LOAN TO MEET REGULATORY STANDARDS

SEC. 2. (a) Section 7(b)(5) of the Small Business Act is amended to read as follows: "(5) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in effecting additions to or alterations in its plant, facilities, or methods of operation to meet requirements imposed on such concern pursuant to any Federal law, any State law enacted in conformity therewith, or any regulation or order of a duly authorized. Federal, State, regional, or local agency issued in conformity with such Federal law, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this paragraph: Provided, That the maximum loan made to any small business concern under this paragraph shall not exceed the maximum loan which, under rules or regulations prescribed by the Administration, may be

86 Stat. 1633. 15 USC 636.

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84TtaI" 1618 i5u?c636. " 86 Stat. 555. 84 Stat. 1618. 42 USC 3142-1

PUBLIC LAW 93-237-JAN. 2, 1974

made to any business enterprise under paragraph (1) of this subsection; and". ^^^ ^^^ Section 7(b)(6) of the Small Business Act is repealed. (2) Paragraph (7) of such section 7(b) is redesignated as paragraph

(6).

(c) Section 28(d) of the Occupational Safety and Health Act of 1970 (Public Law 91-596) is amended by striking out "7(b)(6) " and inserting in lieu thereof "7(b)(5)". (d) In no case shall the interest rate charged for loans to meet regulatory standards be lower than loans made in connection with physical disasters. COXFOUMING T K C II N I C A L

86 Stat. 1316. 80 Stat. 132; __ 36 Stat. 1316 _

15 USC 633'.

[87 STAT.

AMENDMENTS

SEC. 3. (a) Subsection (g) of section 7 of the Small Business Act, as added by section 3(b) of the Small Business Investment Act Amendments of 1972, is redesignated as subsection (h). (b) Subsection (c) of section 4 of the Small Business Act is amended by striking out " 7 (g) " each place it appears in paragraphs (1)(B), (2), and (4) and inserting in lieu thereof " 7 (h) ". AUTHORITY OF SECRETARY O F AGRICULTURE W I T H RESPECT TO N A T U R A L DISASTERS

"^^'^'

86 Stat. 557. 7 USC 1969

SEC. 4. Notwithstanding the provisions of Public Law 93-24, the Secretary of Agriculture shall continue to exercise his authority with respect to natural disasters which occurred after December 26, 1972, but prior to April 20, 1973, in accordance with the provisions of section 5 of Public Law 92-385 as such section was in effect prior to April 20, 1973. LIVESTOCK

ss^^stat^so^ 15 USC 636.

LOANS

SEC. 5. Section 7(b)(4) of the Small Business Act is amended by inserting before the semicolon at the end thereof the following: ": Provided, That loans under this paragraph include loans to persons who are engaged in the business of raising livestock (including but not limited to cattle, hogs, and poultry), and who suffer substantial economic injury as a result of animal disease". LOANS FOR ADJUSTMENT ASSISTANCE I N BASE CLOSINGS

84 Stat. 1618.

SEC. 6. Section 7(b) of the Small Business Act is amended by adding after paragraph (6) the following new paragraph: "(7) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist any small business concern in continuing in business at its existing location, in reestablishing its business, in purchasing a new business, or in establishing a new business if the Administration determines that such concern has suffered or will suffer substantial economic injury as the result of the closing by the Federal Government of a major military installation under the jurisdiction of the Department of Defense, or as a result of a severe reduction in the scope and size of operations at a major military installation.".

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1025

ANNUAL RKPORT OX STATE OF SMALL BUSINESS

SEC. 7. The first sentence of subsection (a) of section 10 of the Small Business Act and the first word of the second sentence of such subsection are amended to read as follows: "The Administration shall, as soon as practicable each calendar year make a comprehensive annual report to the President, the President of the Senate, and the Speaker of the House of Representatives. Such report shall include a description of the state of small business in the Nation and the several States, and a description of the operations of the Administration under this chapter, including, but not limited to, the general lending, disaster relief, Government regulation relief, procurement and property disposal, research and development, technical assistance, dissemination of data and information, and other functions under the jurisdiction of the Administration during the previous calendar year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary or desirable to implement more effectively congressional policies and proposals, for establishing new or alternative programs. I n addition, such".

^ sut^- ^^^

ANTIDISCRIMINATORY AMENDMENT

SEC. 8. Section 4(b) of the Small Business Act is amended by adding after "The Administrator shall not engage in any other business, vocation, or employment than that of serving as Administrator." the following new sentence: " I n carrying out the programs administered by the Small Business Administration including its lending and guaranteeing functions, the Administrator shall not discriminate on the basis ol sex or marital status against any person or small business concern applying for or receiving assistance from the Small Business Administration, and the Small Business Administration shall give special consideration to veterans of the Armed Forces of the United States and their survivors or dependents.". SEC. 10. (a) Section 3 of Public Law 93-24 is amended by striking therefrom: ", and are unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time", and insert in lieu thereof the following: "Such loans shall be made without regard to whether the required financial assistance is otherwise available from private, cooperative, or other responsible sources". (b) The provisions of subsection (a) of this section shall be given effect with respect to all loan applications and loans made in connection with a disaster occurring on or after April 20, 1973. (c) With regard to all disasters occurring on or after December 27, 1972, the Secretary of Agriculture shall extend for ninety days after the date of enactment of this section the deadline for seeking assistance under section 321 of the Consolidated Farm and Rural Development Act as amended by this section. (d) Section 321(a) of Public Law 87-128, as amended, is hereby amended by striking "which cannot be met for temporary periods of time by private, cooperative, or other responsible sources (including loans the Secretary is authorized to make or insure under subtitles A and B of this title or any other Act of Congress), at reasonable rates and terms for loans for similar purposes and periods of time". The provisions of this subsection shall be given effect with respect to all loan applications and loans made in connection with a disaster occurring on or after December 27, 1972. Approved January 2, 1974.

22-150 O - 75 - 67

72 Stat. 384. ^^ ^^^ ^^^•

^"'*' P- ^^'

infra. 75 Stat. 311. ^ ^^*^ ^^^^'

Effective date.

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[87

STAT.

Public Law 93-238 January 2, 1974 [H. R.11575]

Department of Defense Appropriation Act, 1974.

AN ACT

Making appropriations for the Department of Defense for the fiscal year ending June 30, 1974, 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, 1974, 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 Arniv on active duty (except members of reserve components provided for elsewhere); $7,109,950,000. 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; $5,271,350,000, of which not to exceed $9,900,000 shall be transferred to appropriate accounts under this head for the fiscal years 1969, 1971, and 1972 but only in such amounts as are necessary for payments to the Internal Revenue Service for unpaid withholding taxes, and the accounts in such fiscal years shall be adjusted accordingly. 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); $1,547,000,000. MILITARY PERSONNEL, A I R FORCE

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; $6,863,350,000.

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PUBLIC LAW 9 3 - 2 3 8 - J A N. 2, 1974

1027

KESERVE PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Eeserve on active duty under sections 265, 3019, and 3033 of title 10, United States Code, or while undergoing reserve training or while performing drills or equivalent duty, and for members of the Keserve Officers' Training Corps, as authorized by law; $452,408,000.

70A Stat. 11; 81 Stat. 523, 524.

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' Training Corps, as authorized by law; $209,403,000. RESERVE PERSONNEL, MARINE 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; $61,173,000. RESERVE PERSONNEL, A I R FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air 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 Air Reserve Officers' Training Corps, as authorized by law; $126,962,000.

81 Stat. 5 2 4, 5 2 5.

NATIONAL GUARD PERSONNEL, A R M Y

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 265, 3033, or 3496 of title 10 or section 708 of title 32, United States Code, or while undergoing training or while per- Jl^.^f^^^' ^^Q' forming drills or equivalent duty, as authorized by law; $555,900,000. 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; $177,500,000.

70A Stat. 524.

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[87 STAT.

TITLE II EETIRED MILITAKY FEESONNEL RETIRED P A Y, DEFENSE

86 Stat. 712.

10 USC 1448 note. 10 USC 1431

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 Code; $4,681,900,000. TITLE III OPERATION AND MAINTENANCE

J

V

OPERATION AND MAINTENANCE, A R M Y

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; as follows: for Strategic forces, $98,482,000; for General purpose forces, $1,649,394,000; for Intelligence and communications, $310,178,000; for Central supply and maintenance, $1,802,832,000; for Training operations and other general personnel activities, $1,087,131,000; for Medical activities, $597,964,000; for Administration and associated activities, $327,879,000; and for the Support of other nations, $340,837,000; in all: $6,214,697,000: Provided, That of the total amount of this appropriation, not to exceed $3,069,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payment may be made on his certificate of necessity for confidential military purposes: Provided fuHher, That not less than $246,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further. That the Secretary of the Army 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 the Army shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, NAVY

70A Stat. 442.

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; as follows: for Strategic forces, $334,236,000; for General purpose forces, $2,334,618,000; for Intelligence and communications, $303,225,000; for Central supply and maintenance, $2,033,250,000; for Training operations and other general personnel activities, $445,810,000; for Medical activities, $354,645,000; for Administration and associated activities, $177,285,000; and for the Support of other nations, $21,881,000; in all: $6,004,950,000: Providedi That of the total amount of this appropriation, not to exceed $4,242,000 can be used for emergencies and extraordinary expenses, as authorized by section 7202 of title 10, United States Code, to be expended on the approval or authority of the Secretary of the Navy, and payment may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $138,200,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That of the total amount of this appropriation made avail-

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PUBLIC LAW 9 3 - 2 3 8 - J A N. 2, 1974

able for the alteration, overhaul, and repair of naval vessels, not less than $851,672,000 shall be available for the performance of such work in Navy shipyards and not less than $359,919,000 shall be avaihible for the performance of such work in private shipyards: Provided further, That during fiscal year 1974 the maintenance, operation, and availability of the Saint Albans Naval Hospital at Queens, New York, to meet the requirements of the military and naval forces and the retired personnel thereof shall be continued: Provided further, That the Secretary of the Navy 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 the Navy shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law; as follows: for General purpose forces, $212,374,000; for Intelligence and communications, $889,000; for Central supply and maintenance, $101,254,000; for Training operations and other general personnel activities, $66,486,000; and for Administration and associated activities, $29,642,000; in all: $410,645,000: Provided, That not less than $44,500,000 of the total of this appropriation shall be available only for the maintenance of real property facilities: Provided further. That the Secretary of the Navy 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 siibdivision may thereby be increased by more than 5 per centum and the Secretary of the Navy shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, A I R FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; as follows: for Strategic forces, $1,108,442,000; for General purpose forces, $1,006,832,000; for Intelligence and communications, $530,843,000; for Airlift and sealift, $177,530,000; for Central supply and maintenance, $2,304,868,000; for Training operations and other general personnel activities, $563,266,000; for Medical activities, $;^77,398,000; for Administration and associated activities. $215,882,000; and for the Support of other nations, $219,233,000; in all $6,504,294,000: Provided, That of the total amount of this appropriation, not to exceed $2,343,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes: Provided further. That not less than $215,000,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That the Secretary of the Air Force may transfer uj) 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 the Air Force shall notify the Congress promptly of all transfers made pursuant to this authority.

1029

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 1030

PUBLIC LAW 93-238-JAN. 2, 1974

[87 STAT.

OPERATION AND MAINTENANCE, DEFENSE 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 Preparedness Agency), as authorized by law; as follows: for the Secretary of Defense activities, $49,749,000; for the organization of the Joint Chiefs of Staff, $8,305,000; for the Office of Information for the Armed Forces, $11,225,000; for the Armed Forces Institute, $5,757,000; for the Defense Contract Audit Agency, $57,250,000; for the Defense Investigative Service, $20,320,000; for the Defense Mapping Agency. $148,149,000; for the Defense Nuclear Agency, $9,940,000; for the Defense Supply Agency, $697,344,000; and for Intelligence and communications activities, $446,859,000; in all: $1,454,898,000: Provided, That of the total amount of this appropriation, not to exceed $5,448,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payment may be made on his certificate of necessity for confidential military purposes: Provided further, That not less than $17,100,000 of the total amount of this appropriation shall be available only for the maintenance of real property facilities: Provided further, That the Secretary of Defense may transfer up to 3 per centum of the amount of any subdivision of this appropriation to any other subdivision of this appropriation, but no subdivision may thereby be increased by more than 5 per centum and the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. OPERATION AND MAINTENANCE, ARMY RESJ:RVE

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 communication; $253,900,000, of which not less than $14,000,000 shall be aA'ailable only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and mnintenance, 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; $170,750,000, of which not less than $9,500,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, MARINE 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; $11,000,000, of which not less than $800,000 shall be available only for the maintenance of real property facilities.

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Page:United States Statutes at Large Volume 87.djvu/1063

 87 STAT.]

PUBLIC LAW 9 3 - 2 3 8 - J A N. 2, 1974

OPERATION AND MAINTENANCE, A I R FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration^ of the Air Force 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; $221,900,000, of which not less than $4,200,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, ARMY NATIONAL GIJAED

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 Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft); $524,400,000, of which not less than $2,00,000 shall be available only for the maintenance of real property facilities. OPERATION AND MAINTENANCE, A I R NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in nonFederal hospitals; maintenance, operation, repair, and other necessary expenses of facilities for the training and administration of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of things; hire of passenger motor vehicles; supplies, materials, and equipment, as authorized by law for the Air National Guard; and expenses incident to the maintenance and use of supplies, materials, and equipment, including such as may be furnished from stocks under the countrol of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, or Air National Guard commanders while inspecting units in compliance with National Guard regulations when specifically authorized by the Chief, National Guard Bureau; $514,250,000, of which not less than $3,500,000 shall be available only for the maintenance of real property facilities. NATIONAL BOARD FOR THE PROMOTION OF R I F L E PRACTICE, A R M Y

For the necessary expenses of construction, equipment, and maintenance of rifle ranges, the instruction of citizens in marksmanship, and promotion of rifle practice, in accordance with law, including travel of rifle teams, military personnel, and individuals attending regional, national, and international competitions, and not to exceed $10,000 for incidental expenses of the National Board; $159,000: Provided, That travel expenses of civilian members of the National Board shall be paid in accordance with the Standardized Government Travel Regulations, as amended.

1031

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Page:United States Statutes at Large Volume 87.djvu/1064

 1032

PUBLIC LAW 93-238-JAN. 2, 1974

[87 STAT.

CLAIMS, DEFENSE

For payiiient, not otherwise provided for, of claims authorized by law to oe 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; $49,100,000. CONTINGENCIES, DEFENSE

For emergencies and extraordinary expenses arising in the Department of Defense, to be expended on the approval or authority of the Secretary of Defense and such expenses may be accounted for solely on his certificate that the expenditures were necessary for confidential military purposes; $5,000,000. COURT OF MILITARY APPEALS, DEFENSE

For salaries and expenses necessary for the f nited States Court of Military Appeals; $864,000. TITLE IV

PROCUREMENT AiRCRi^FT P R O C U R E M E N T,

83'sut^'3i"2;^^'' 85 Stat. 408! 40 USC 255.

ARMY

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 sec^^^^^ 4774, title 10, United States Code, for the foregoing purposes, aud such lands and interests therein, may be acquired, ana 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; and other expenses necessary for the foregoing purposes; $138,400,000, and in addition, $21,400,000, of which $6,700,000 shall be derived by transfer from "Aircraft Procurement, Army, 1972/1974" and $14,700,000 shall be derived by transfer from "Aircraft Procurement, Army 1973/1975", to remain available for obligation untilJune 30, 1976. MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and 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 therdon prior to approval of title as required by

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1033

section.-^55, Revised Statutes, as aiueiided; and protMireiuent and installation of equipment, appliances, and machine tools in public and private plants; and other expenses necessary for the foregoing purposes; $52o,l,00, and in addition, $22,000,000, of which $o.000,00 shall be derived by transfer from "Missile Procurement, Army 1972/1974" and $17,000,000 shall be derived froni "Missile Procurement, Army 1978/197o", to remain available for obligation until June JiO, 1976. PUOCURKMKXT OF W K A P O X S

AND T R A C - K K D C O M B A T

VKT[ICLKS,

^° use 2ss.

ARMY

For construction, procurement, production, and modification of weapons and tracked combat vehicles, e(|uipment, including ordnance, spare parts, and accessories therefor; specialized eijiupment; training devices; expansion of public and private plants, including the land necessary therefor, without regard to section 4774, title 10, United 7OA Stat. 269; States Code, for the foregoing purposes, and such lands and interest H |J^|; HI' therein, may be ac(iuired, and construction prosecuted thereon prior to approval of title as required by section 8.55. Revised Statutes, as amended; and procurement and installation of eciuipment, appliances, and nuichine tools in public and private plants; and other expenses necessary for the foregoing purposes; $224,800,000, to remain available for obligation until June 80, 1976. PllOOrRKMRNT OF A M M U M T I O X,

AR^IIT

For construction, procurement, production, and modification of ammunition, and accessories therefor; specializeil etpiipment 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 accpiired. and construction prosecuted thereon prior to approval of title as required by section 855, Revised Statutes, as amended; and procurement and installation of e(]uipment, appliances, and machine tools in public and pri\ate plants; and other expenses necessary for the foregoing purposes; $784,800,000, and in addition. $146,100,000, of which $100,000,000 shall be derived by transfer from the Army Stock Fund, and $46,100,000 which shall be derived by transfer from "Procurement of Ammunition, Army, 1978/1975", to remain available for obligation until June 80, 1976. OTHKR PROCUREMKXT, ARMY

For construction, procurement, production, and modification of vehicles, including tactical, support, and nontracked combat vehicles; communications and electronic equipment; other support equipment; spare parts, ordnance and accessories therefor; specialized ecjuipment 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 855, Revised Statutes, as amended; and procurement and installation of e(iuipment. appliances, and machine tools in public and private plants: and other expenses necessarv for the foregoing purposes; $461,690,000, and in addition, $89,500,000. of which $20,500,000 shall be derived by transfer from "Other Proeurementi Army, 1972/1974" and $19,OO,o60 shall be derived by transfer fiom "Other Procurement, Army, 1978/1975". to remain available for oblipation until June 80.1976.

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 1034

PUBLIC LAW 93-238-JAN. 2, 1974

[87 STAT.

AIRCRAFT PROCUREMENT, NAVY

40 USC 255.

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; $2,722,700,000, and in addition, $106,800,000, of which $40,000,000 shall be derived by transfer from "Procurement of Aircraft and Missiles, Navy, 1972/1974" and $66,800,000 shall be derived by transfer from "Procurement of Aircraft and Missiles, Navy, 1973/1975", to remain available for obligation until June 30, 1976. WEAPONS PROCUREJIENT, NAVY

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title as required by section 355, Revised Statutes, as amended; and procurement and installation of equipment, appliances, and machine tools in public or private plants; $800,700,000, of which $5,000,000 shall be available only for the Trident program, to remain available for obligation until June 30, 1976. SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public or private plants; procurement of critical, long leadtime components and designs for vessels to be constructed or conA'^erted 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; $3,468,100,000, of which $627,800,000 shall be available only for the Trident program, $913,200,000 shall be available only for the SSN-688 class submarine program, and $79,000,000 shall be available only for advance procurement funding for DLGN-41 and DLGN-42 nuclear-powered frigates, to remain available for obligation until June 30, 1978: Provided, That none of the funds herein provided for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign shipyards for the construction of major components of the hull or superstructure of such vessel: Provided further, That none of the funds herein provided shall be used for the construction of any naval vessel in foreign shipyards. OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support equipment and materials not otherwise provided for. Navy ordnance and ammunition (except ordnance for new aircraft, new ships, and ships authorized for conversion), expansion of public and private plants, including the land necessary therefor, and such lands and interests

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Page:United States Statutes at Large Volume 87.djvu/1067

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PUBLIC LAW 93-238-JAN. 2, 1974

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; $1,204,200,000, of which $26,400,000 shall be available only for the Trident program, and in addition, $45,000,000, of which $10,000,000 shall be derived by transfer from "Other Procurement, Navy, 1972/1974" and $35,000,000 shall be derived by transfer from "Other Procurement, Navy, 1973/1975", to remain available for obligation until June 30, 1976.

1035 4o use 255.

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, and vehicles for the Marine Corps; $173,932,000, and in addition, $5,000,000, of which $3,000,000 shall be derived by transfer from "Procurement, Marine Corps, 1972/1974" and $2,000,000 which shall be derived by transfer from "Procurement, Marine Corps, 1973/1975", to remain available for obligation until June 30, 1976. AIRCRAFT PROCUREMENT, A I R FORCE

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 pur- 7°^^^*^*- ^^°' poses, and such lands and interests therein, may be acquired, and con- gs Stat. 408'. struction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equip- 40 USC 255. ment layaway; and other expenses necessary for the foregoing purposes, including rents and transportation of things; $2,720,400,000, of which $28,300,000 shall be available for reimbursement to the appropriation "Military assistance", and in addition, $54,000,000, of which $30,000,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1972/1974" and $24,000,000 shall be derived by transfer from "Aircraft Procurement, Air Force, 1073/1975", and of the total funds transferred, $41,000,000 shall be available for reimbursement to the appropriation "Military assistance", to remain available for obligation until June 30, 1976. MISSILE PROCUREMENT, A I R FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things;

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Page:United States Statutes at Large Volume 87.djvu/1068

 1036

'

PUBLIC LAW 93-238-JAN. 2, 1974

[87 STAT.

$1,393,300,000, and in addition, $30,000,000, of which $20,000,000 shall be derived by transfer from "Missile Procurement, Air Force, 1972/ 1974" and $10,000,000 shall be derived by transfer from "Missile Procurement, Air Force, 1973/1975", to remain available for obligation until June 30, 1976. OTHER PROCUREMENT, A I R

^ 70A Stat. 590; 85 Stat! 408! 40 USC 255.

FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; and expansion of public and private plants, Government-owned equipment and installation thereof in such plantSj erection of structures, and acquisition of land wlthout 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; $1,542,700,000, and in addition, $30,000,000, of which $17,000,000 shall be derived by transfer from "Other !Procurement, Air Force, 1972/ 1974" and $13,000,000 shall be derived by transfer from "Other Procurement, Air Force, 1973/1975", to remain available for obligation u n t i l June 30, 1976. PROCUREMENT, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; $66,000,000, to remain available for obligation until June 30, 1976. TITLE V R E S E A R C H, DEVELOPMENT, T E S T, AND E V A L U A T I O N RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A R M Y

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,912,100,000, and in addition, $3,500,000 to be derived by transfer from "Research, Development, Test, and Evaluation, Army, 1973/1974", to remain available for obligation until June 30, 1975. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $2,651,805,000, to remain available for obligation until June 30, 1975: Provided further, That no part of the appropriation contained in this Act shall be used for Full Scale Development of Project Sanguine.

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Page:United States Statutes at Large Volume 87.djvu/1069

 87 STAT.]

PUBLIC LAW 9 3 - 2 3 8 - J A N. 2, 1974

1037

KESEARCH, DEVELOPMENT, TEST, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,042,000,000, to remain available for obligation until June 30, 1975. EESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $457,900,000, to remain available for obligation until June 30, 1975: Provided,, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to c any out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs, to be merged with and to be available for the same time period as the appropriation to which transferred.

Transfer of funds.

DIRECTOR OF TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith, $24,600,000, to remain available for obligation until June 30, 1975. TITLE VI

SPECIAL FOREIGN CUERENCY PKOGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law, $2,600,000, to remain available for obligation until June 30, 1975: Provided,, That this appropriation shall be available, in addition to other appropriations to such Department, for payments in the foregoing currencies. TITLE VII GENERAL PROVISIONS SEC. 701. No part of any appropriation contained in this Act shall propaganda."' be used for publicity or propaganda, purposes not authorized by the Congress,

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Page:United States Statutes at Large Volume 87.djvu/1070

 1038 E x p e r t s or consultants.

80 Stat. 416.

Employment of noncitizens.

Appropriations, availability.

Prisoners of war.

Land acquisition. 85 Stat. 411; 72 Stat. 1460; 84 Stat. 1224. Dependents' schooling.

70A Stat. 442.

PUBLIC LAW 93-238-JAN. 2, 1974

[87

STAT.

SK(^. 702. During the (Mii'i'ent fiscal yoar. the Secretary of Defense and the Secretaries of the Army, Xavy, and Air Foice, lespectixely. if they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadecjuate, are authorized to procure services in accordance with section:U09 of title 5, United States Code, under regulations pi'escribed by the Secretary of Defense, and to pay in connection therewith travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SKC. 703. During the current fiscal yeai\ provisioiis of hiw prohibiting the payment of compensation to, or employment of. any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SKC. 704. Appropriations contained in this Act shall be available for insurance of officinl motor vehicles in foreign countries, when recpired by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting imestigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of goverimient of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SE(\ 70O. Any appropriation available to the Army, Xavy, or the Air Force may, under such regulations as the Secretary concerned may prescT'ibe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Xavy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation. SKC. 7fi. Appropriations available to the Department of Defense for the current fiscal year for maintenance or constructi(m shall be available for ac(iuisition of land or interest therein as authorized by section 2672 or 2675 of title 10. United States Code. SEC. 707. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30. 1950 (20 U.S.C 236-244). for primary; and sec(mdary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Xavy by section 7204 of title 10, United States Code, in an amount not exceeding $196,614,000, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provnled, That under such regulations as may IKJ issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be pro\ided without tuition for minor dependents of civilian and military personnel of the Department oi I>efense who died w'hile entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navv by section r-20i)(a) of title 10,

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United States Code, for information leading to the discovery of missing naval property or the recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers or, in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roado certified as important to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted ration; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the military services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including personnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilita-ry facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of Latin American cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 709. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to participate in the furnishing of commodities and services financed with funds appropriated by this Act.

1039 J^^^.^^^^^^;^'*^" judgemenu.^ Leasing. se Stat. 654. ^J°°^^' ""°^"*"'Access roads. 75^sta^*i23°*' Miik program, 8/|tat°\'36°i°' Ante, p. 223.'

lllTc^'L incidental expenses, payment.

7OA Stat. 443. a/gTs^tan^c^'e""*"

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 1040 Mess operations.

F i s c a l year limitation. Reimbursable appropriations.

70A Stat. 149. Report to Congress.

Funds, apportionment exemption.

31 USC 665. Airborne alert expenses.

Military personnel i n c r e a s e s, expenses.

Report to Congress.

Commissary stores.

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SEC. 710. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.60 per d a y: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 711. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 712. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and materiel, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further, That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 713. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary o,f Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11). (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall renort monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 714. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies

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PUBLIC LAW 93-238-JAN. 2, 1974

of the Departiiu'iit of Defense for the cost of purclvuse (iiicUuliiiji!; commercial transportation in the United States to the phic:e of saU» but excUiding all transportation ontside the United States) and maintenance of operating e(][nipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations [rt'omulgated by the Secretaries of the military departments concerned, with the approval of the Secretary of Defense, •which regulations shall provide for reimbiu'sement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall pr-ovide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as nuiy be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided fuyther. That no appropriation contained in this Act shall be available in connection with, the operaticm of commissary stores within the continental United States unless the Secretary of Defense has certified that items norlually procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and (puiiitity to the military and civilian employees of the Department of Defense. SEC. 715. Xo part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the armed forces foi- the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4:, except in accordance ^yith regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain prohciency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. When any rated member is assigned to duties, the performance of which does not require the maintenance of basic flying skills, all such members, while so assigned, except, after May 31, 1973, those of the rank of colonel or equivalent or above ( 0 - 6) in iion-combat assignments, are entitled to flight pay prescribed under section 301 of title 37, United States Code, if otherwise entitled to flight pay at the time of such assignment. SEC. 716. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, dray age, and unpacking of household goods and personal eifects in any one shipment having a net weight in excess of thirteen thousand hve hundred pounds. SEC. 717. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, Depaitment of the Air Force, or the Department of the Navy may be transfei'i'ed or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the appro\'al of the agency having jurisdiction of the vessels concerned. SEC. 718. None of the funds in this Act shall be available for tlui enlistment or pay of non-prior service personnel during fiscal year 1974 when the enlistment will cause the percentage of non-high school graduate enlistments of the service concerned to exceed 45 per centum or the mental category IV enlistments to exceed 18 per centum of the total non-prior service enlistments for the entire fiscal year. SEC. 719. Not more than 20 per centum of the appropriations in this Act whi('h are limited for obligation during tho. cur-rent fiscal yeai-

Free utilities outside U.S. and in Alaska.

Proficiency flying.

76 Stat. 461. Household goods.

Vessels, transfer.

Non-prior service personnel.

Obligated funds, 1974, limitation.

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Foreign real property, u s e.

Report to Congress and Office of Management and Budget. R e s e a r c h and development funds. 70A Stat. 134.

Education expenses, restriction.

ROTC, loyalty requirements.

Procurement restrictions.

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shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps. SEC. 720. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. I n addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United: States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC. 721. During the current fiscal year, appropriations available to the Department of Defense for reseaich and development may be used for the purposes of section 2353 of title 10^, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC. 722. No appropriation contained in this Act shall be available for the payrpent of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 723, No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division, Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 724. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals not grown, reprocessed, reused, or produced; in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located

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outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 725. None of the funds appropriated in this Act shall be used t i eService facilis. for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates. Airmail SEC. 726. During the current fiscal year, appropriations of the bursement.reimDepartment of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries. Furnishings and SEC. 727. Appropriations contained in this Act shall be available for automobiles, purthe purchase of household furnishings, and automobiles from military "has e. and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 728. During the cvirrent fiscal year, appropriations available Uniforms. to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law 81 Stat. 206. (5 U.S.C. 5901: 80 Stat. 508). SEC. 729. During the current fiscal year, the Secretary of Defense Ammunition, shall, upon requisition of the National Board for the Promotion of transfer. Rifle Practice, and without reimbursement, transfer from agencies of the Department of Defense to the board ammunition from stock or which has been procured for the purposes in such amounts as he may determine. Such appropriations of the Department of Defense available for Travel e x p e n s e s. obligation during the current fiscal year as may be designated by the Secretary of Defense shall be available for the travel expenses of military and naval personnel, including the Reserve components, and members of the Reserve Officers' Training Corps attending regional, national, or international rifle matches. ong es o l SEC. 730. Funds provided in this Act for congressional liaison l i aCs o n r a c s ii v inta e s. i t i activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,300,000: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 731. Of the funds made available by this Act for the services airCivil reserve fleet. of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as

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Civilian clothing.

Defense contractors' advertising c o s t s, restrictions.

New f a c i l i t i e s, restriction.

Transfer of funds.

Notice to Congre s s. Contract payments in foreign countries.

Forces in Vietnam and Laos, support.

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small busine.sses to the fullest extent found pi-aeticable: Provided, That the Secretary of Defense shall specify in such pro(.'urement, perforniance characteristics for aircraft to be used based upon modern aircraft opeiated by the CIA^I air fleet. SEC. 782. I)urin|»; the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharoed for misconduct, unfitness, unsuitability, or otherwise than honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 733. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 734. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of iieM^ facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of %m,000\ Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purr)ose of this section. SE(I. 735. During the current fiscal year upon determination by the Secretary of Defense that such action is necessary in the national inteiest, he may, with the approval of the Office of ]Management and Budget, transfer not to exceed $625,000,000 of the appropriations of funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, then those for which originally appropriated, and in no case where the item for which funds are requested has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 736. Xone of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired "pursuant to law is not feasible foi" the purpose, stating the reason therefor. SKC. 737. (a) Xot to exceed $1,126,000,000 of \\\^. appropriations available to the Department of Defense during the current fiscal year shall be available for their stated purposes to s>ipport (1) Vietnamese

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and other free world forces in support of Yietnanieso forces; (2) local forces in Laos; and for related costs on such terms and conditions as the Secretary of Defense may determine: Provided,, I'hat none of the funds appropriated by this Act may be used for the purpose of paying any overseas allowance, j^er diem allowance, or any other addition to the regular base pay of any person serving with the free world forces in South Vietnam if the amount of such payment would be greater than the amount of special pay authorized to be paid, for an equivalent period of service, to members of the Armed Forces of the United States under section 310 of title 37, United States Code, ^/^^^f ^ j / / ^ ' serving in Vietnam or in any other hostile fire area, except for continuation of payments of such additions to regular base pay provided in agreements executed prior to July 1, 1970: Provided further, That nothing in clause (1) of the first sentence of this subsection shall be construed as authorizing the use of any such funds to support Vietnamese or other free world forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos. Provided further, That nothing contained in this section shall be construed to prohibit support of actions required to insure the safe and orderly withdrawal or disengagement of United States forces from Southeast Asia, or to aid in the release of Americans held as prisoners of war. (b) Within thirty days after the end of each (juarter, the Secretary ^11°'^ *° <^°"of Defense shall render to Congress a report with respect to the estimated value by purpose, by country, of support furnished from such appropriations. SEC. 738. During the current fiscal year, cash balances in working working capital capital funds of the Department of Defense established pursuant to ^'^"'^^• section 2208 of title 10, United States Code, may be maintained in only 76 Stat. 521. such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget. SEC. 739. No part of the funds appropriated under this Act shall be. convicted used to pay salaries of any Federal employee who is convicted in any "°*®'Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting m inaterial damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 740. No part of the funds appropriated under this Act shall be ^,5^^'"^"^ dismptused to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higlier education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 741. None of the funds herein appropriated may be obligated or^camb-TdiaTomor expended after August 15, 1973, to finance directly or indirectly bat r^tivities!""™" combat activities by United States military forces in or over or from = off the shores of North Vietnam, South Vietnam, Laos, or Cambodia. SEC. 742. None of the funds available to the Depaitment of Defense Heating plant shall be utilized for the conversion of heating plants from coal to oil '=°"^^"i°"at defense facilities in Europe. SEC. 743. None of the funds appropriated by this Act shall be avail- ^^^l°^l^^J able for any research involving uninformed or nonvoluntary human subJecTsT*^ beings as experimental subjects.

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Reprogramming of funds.

Petroleum fuels to Southeast Asia.

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Sf:c. 744. Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and ecjuipment; and expenses for the Keserve Officers' Training Corps and other units at educational institutions. SKC. 745, No part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress. SKO. 740. Xone of the funds contained in this Act shall be used to furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States naticmals. TITLE VIII DEPEXSE MAN^POWER C O M > t I S S I O X

Ante, p. 609. Short title.

There is hereby appropriated the sum of $400,000 to the Defense Manpower Connnission for use in carrying out the provisions of title VII of the Department of Defense Appropriation Authorization Act, 1074. This Act may be cited as the ''Department of Defense.Vppropriation Act, 1974"'.' Approved January 2, 1974., Public Law 93-239

January 2, 1974 [H. R.11372]

Emergency Highway Energy Conservation Act.

National maximum speed limit. 72 Stat. 892; 84 Stat. 1717, 1737.

AN ACT 'l\» i'ptisorv<' i^nergy on the Nation's highways. /Je It iriuivted by the /Senate and House of Representatives of the United States of America in Congress assembled, That this Act be cited as the "Emergency Highway Energy Conservation Act". SEC. 2. (a) The purpose of this section is to conserve fuel during periods of current and inmiinent fuel shortages through the establishment of a national maximum highway speed limit. (b) After the sixtieth day after the date of enactment of this Act, the Secretary of TT-ansportation shall not appi-ove any project under section 10<) (if title 2:J of the United States Code in any State which lias (1) a maxiinuiii speed limit on any public highway within its jurisdiction in excess of 55 miles per hour, and (2) a speed limit for all types of motor vehicles other than 55 miles per hour on any portion of any public highway within its jurisdiction of four or more traffic lanes, the oppsing lanes of which are physically separated by means other than stripijig, which portion of highway had a speed limit for all types of motor vehicles of 55 miles, or more, per hour on November 1, 1J)7''5, and (}) a speed limit on any other jjortion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor veliich s using such portion of highway, if on November 1, 1978, such portioji of higliway had a speed limit which was uniformly applicable to all types of motor vehicles using it. A lower

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