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Page:United States Statutes at Large Volume 89.djvu/904

 PUBLIC LAW 94-158—DEC. 20, 1975

89 STAT. 844

Public Law 94-158 94th Congress An Act Dec. 20, 1975 [S. 1800]

To provide indemnities for exhibitions of artistic and humanistic endeavors, and for other purposes.

Be it enacted by the Senate and House of Representatives of theArts and Artifacts United States of America in Congress assembled, Indemnity Act.

SHORT TITLE

20 USC 971 note.

1. This Act may be cited as the "Arts and Artifacts Indemnity Act". SECTION

FEDERAL COUNCIL

20 USC 971. 20 USC 958.

SEC. 2. (a) The Federal Council on the Arts and Humanities (hereinafter in this Act referred to as the "Council"), established under section 9 of the National Foundation on the Arts and the Humanities Act of 1965, is authorized to make agreements to indemnify against loss or damage such items as may be eligible for such indemnity agreements under section 3— (1) in accordance with the provisions of this Act; and (2) on such terms and conditions as the Council shall prescribe, by regulation, In order to achieve the purposes of this Act and, consistent with such purposes, to protect the financial interest of the United States. (b) For purposes of this Act, the Council shall be an "agency" within the meaning of the appropriate definitions of such term in title 5, United States Code. ELIGIBLE I T E M S

20 USC 972.

SEC. 3. (a) The Council may make an indemnity agreement under this Act with respect to^— (1) works of art, including tapestries, paintings, sculpture, folk art, graphics, and craft arts; (2) manuscripts,^ rare documents, books, and other printed or published materials; (3) other artifacts or objects; and (4) photographs, motion pictures, or audio and video tape; which are (A) of educational, cultural, historical, or scientific value, and (B) the exhibition of which is certified by the Secretary of State or his designee as being in the national interest. (b)(1) An indemnity agreement made under this Act shall cover eligible items while on exhibition in the United States, or elsewhere when part of an exchange of exhibitions, but in no case shall both parts of such an exchange be so covered. "On exhibition." (2) For purposes of this subsection, the term "on exhibition" includes that period of time beginning on the date the eligible items leave the premises of the lender or place designated by the lender and ending on the date such items are returned to the premises of the lender or place designated by the lender.

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Page:United States Statutes at Large Volume 89.djvu/905

 PUBLIC LAW 94-158—DEC. 20, 1975

89 STAT. 845

APPLICATION

SEC. 4. (a) Any person, nonprofit agency, institution, or govern- 20 USC 973. ment desiring to make an indemnity agreement for eligible items under this Act shall make application therefor in accordance with such procedures, in such form, and in such manner as the Council shall, by regulation, prescribe. (b) An application under subsection (a) shall— (1) describe each item to be covered by the agreement (including an estimated value of such item); (2) show evidence that the items are eligible under section 3(a);and (3) set forth policies, procedures, techniques, and methods with respect to preparation for, and conduct of, exhibition of the items, and any transportation related to such items. (c) Upon receipt of an application under this section, the Council shall, if such application conforms with the requirements of this Act, approve the application and make an indemnity agreement with the applicant. Upon such approval, the agreement shall constitute a contract between the Council and the applicant pledging the full faith and credit of the United States to pay any amount for which the Council becomes liable under such agreement. The Council, for such purpose, is hereby authorized to pledge the full faith and credit of the United States. I N D E M N I T Y AGREEMENT

SEC. 5. (a) Upon receipt of an application meeting the requirements 20 USC 974. of subsections (a) and (b) of section 4, the Council shall review the estimated value of the items for which coverage by an indemnity agreement is sought. If the Council agrees with such estimated value, for the purposes of this Act, the Council shall, after approval of the application as provided in subsection (c) of section 4, make an indemnity agreement. (b) The aggregate of loss or damage covered by indemnity agreements made under this Act shall not exceed $250,000,000 at any one time. (c) No indemnity agreement for a single exhibition shall cover loss or damage in excess of $50,000,000. (d) Coverage under this Act shall only extend to loss or damage in excess of the first $15,000 of loss or damage resulting from a single exhibition. REGULATIONS

SEC. 6. (a) The Council shall prescribe regulations providing for 20 USC 975. prompt adjustment of valid claims for losses which are covered by an agreement made pursuant to section 5, including provision for arbitration of issues relating to the dollar value of damages involving less than total loss or destruction of such covered objects. (b) In the case of a claim of loss with respect to an item which is covered by an agreement made pursuant to section 5, the Council shall certify the validity of the claim and the amount of the loss to the Speaker of the House of Representatives and the President pro tempore of the Senate.

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


text: Popular Science Monthly/Volume 31/October 1887/The Language of the Emotions


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Page:United States Statutes at Large Volume 89.djvu/906

 89 STAT. 846

PUBLIC LAW 94-158—DEC. 20, 1975 AUTHORIZATION OF APPROPRIATIONS

20 USC 976.

SEC. 7. There are hereby authorized to be appropriated such sums as may be necessary (1) to enable the Council to carry out its functions under this Act, and (2) to pay claims certified pursuant to section 6(b). REPORT

20 USC 977.

SEC. 8. The Council shall report annually to the Congress (1) all claims actually paid pursuant to this Act during the preceding fiscal year, (2) pending claims against the Council under this Act as of the close of that fiscal year, and (3) the aggregate face value of contracts entered into by the Council which are outstanding at the close of that fiscal year. EITECTIVE DATE

20 USC 971 note.

SEC. 9. This Act shall become effective 30 days after the date of the enactment of this Act. Approved December 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-680 accompanying H.R. 7782 (Comm. on Education and Labor). SENATE REPORT No. 94-289 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, VoL 121 (1975): July 25, considered and passed Senate. Dec. 1, considered and passed House, amended, in lieu of H.R. 7782. Dec. 4, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 52: Dec. 20, Presidential statement.

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Page:United States Statutes at Large Volume 89.djvu/907

 PUBLIC LAW 94-159—DEC. 20, 1975

89 STAT. 847

Public Law 94-159 94th Congress Joint Resolution Making further continuing appropriations for the fiscal year 1976, and for other purposes.

Resolved 'by the Seriate and House of Representatives of the United States of America in Congress assembled, That clause (c) of section 102 of the joint resolution of June 27, 1975 (Public Law 94-41), is hereby amended by striking out "sine die adjournment of the first session of the Ninety-fourth Congress" and inserting in lieu thereof "March 31, 1976". Approved December 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-688 (Comm. on Appropriations). SENATE REPORT No. 94-517 (Comm. on Appropriations) CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 4, considered and passed House. Dec. 12, considered and passed Senate.

Dec. 20, 1975 [H.J. Res. 7331 Continuing appropriations, 1976. Ante, p. 230.

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Page:United States Statutes at Large Volume 89.djvu/908

 89 STAT. 84«

PUBLIC LAW 94-160—DEC. 20, 1975

Public Law 94-160 94th Congress An Act Dec. 20, 1975 [H.R. 2724]

Father Marquette National Memorial, Mich. Establishment. 16 USC 431 note.

16 USC 431 note.

Publication in Federal Register.

16 USC 431 note.

Appropriation authorization. 16 USC 431 note.

To provide for establishment of the Father Marquette National Memorial near Saint Ignace, Michigan, 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 area of Saint Ignace, Michigan, is recognized as an appropriate location for a national memorial to commemorate F a the r Jacques Marquette, who was buried there in 1678, and that the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to take appropriate action, as hereinafter provided, to commemorate the advent and history of F a the r Marquette in North America, including his establishment of a mission at Saint Ignace in 1671, and his historic exploration, in company with Louis Joliet, of the Mississippi River in 1673. SEC. 2. The Secretary shall enter into an agreement, satisfactory to him, with the Governor of the State of Michigan providing for the location, design, construction, and operation by the State of Michigan of the F a the r Marquette National Memorial in the area of Saint Ignace, Michigan. Upon conclusion of that agreement, and when in the opinion of the Secretary sufficient lands have been acquired by the State of Michigan to constitute an efficiently administrable memorial for the purposes of this Act, the Secretary is authorized to designate the F a the r Marquette National Memorial by publication of notice thereof in the Federal Register. SEC. 3. I n conjunction with the development and operation of the memorial provided for by this Act, the Secretary is authorized to render to the State of Michigan such assistance, including, but not limited to, technical advice and grants of funds for land acquisition and development, as he deems appropriate to promote public understanding and appreciation of the significant role of Jacques Marquette in the history of the N a t i o n: Provided, That before any such assistance is rendered by the Secretary, the agreement referred to in section 2 of this Act shall have been concluded. SEC. 4. There are hereby authorized to be appropriated such sums, but not to exceed $1,000,000, as may be necessary for assistance rendered by the Secretary pursuant to the provisions of this Act. Approved December 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-546 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-492 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): Nov. 4, considered and passed House. Dec. 11, considered and passed Senate.

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Page:United States Statutes at Large Volume 89.djvu/909

 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 8 4 9

Public Law 94-161 94th Congress An Act To authorize assistance for disaster relief and rehabilitation, to provide for overseas distribution and production of agricultural commodities, to amend the Foreign Assistance Act of 1961, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "International Development and Food Assistance Act of 1975". TITLE I—INTERNATIONAL DISASTER

ASSISTANCE

Dec. 20. 1975 [H.R. 9005]

International Development and Food Assistance Act of 1975. 22 USC 2151 note.

INTERNATIONAL DISASTER ASSISTANCE

SEC. 101. The Foreign Assistance Act of 1961 is amended— (1) by amending the chapter heading for chapter 9 of part I 22 USC 2292. to read " C H A P T E R 9—INTERNATIONAL DISASTER ASSISTANCE";

(2) by repealing section 4 9 1; (3) by inserting immediately after the chapter heading for such chapter 9 the following new sections:

Repeal. 22 USC 2292.

" SEC. 491. POLICY AND GENERAL AUTHORITY. — (a) The Congress,

22 USC 2292.

recognizing that p r o m p t United States assistance to alleviate human suffering caused by natural and manmade disasters is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the Avillingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such disasters. " (b) Subject to the limitation on appropriations in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country or international organization on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, natural disasters abroad. " (c) I n carrying out the provisions of this section the President shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of relief and rehabilitation as a result of n a t u r a l and manmade disasters. " SEC. 492. AUTHORIZATION.—There is authorized to be appropriated to the President to carry out section 491, $25,000,000 for each of the fiscal years 1976 and 1977, Amounts appropriated under this section are authorized to remain available until expended. The President shall submit quarterly reports to the Committee on Foreign Relations of the Senate and to the Speaker of the House of Representatives on the program i n g and obligation of funds under this section. " SEC. 493. DISASTER ASSISTANCE—COORDINATION.—The P r e s i d e n t is

authorized to appoint a Special Coordinator for International Disaster Assistance whose responsibility shall be to promote maximum effectiveness and coordination in responses to foreign disasters by United States agencies and between the United States and other donors. Included among the Special Coordinator's responsibilities

Infra.

22 USC 2292a.

Reports to Senate committee and Speaker of the House. Special eoordinator for International Disaster Assistance. Presidential appointment. 22 USC 2292b.

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Page:United States Statutes at Large Volume 89.djvu/910

 89 STAT. 850

22 USC 2292c. 22 USC 2292d, 2292e. Repeal. 22 USC 2399. 22 USC 2292e.

Sahel and drought-stricken African nations, comprehensive development plan.

Appropriation authorization. eomprehensive proposal, submittal to congressional committees.

22 USC 2292f.

Ante, p. 849.

PUBLIC LAW 94-161—DEC. 20, 1975 shall be the formulation and updating of contingency plans for providing disaster relief."; (4) by redesignating section 452 as section 494 and inserting it immediately after section 493; (5) by redesignating sections 639A and 639B as sections 494A and 494B, respectively, and inserting them immediately after section 494; (6) by repealing section 639; (7) in section 494B, as redesignated by paragraph (5) of this section— (A) by striking out "SAHEL" in the section caption, (B) by inserting " (a) " immediately after the section caption, (C) by striking out "supports" and inserting in lieu thereof "reaffirms its support of", and (D) by adding the following new subsections at the end thereof: "(b) The President is authorized to develop a long-term comprehensive development program for the Sahel and other droughtstricken nations in Africa. "(c) In developing this long-term program, the President shall— "(1) consider international coordination for the planning and implementation of such program; "(2) seek greater participation and support by African countries and organizations in determining development priorities f and "(3) begin such planning immediately. "(d) There is authorized to be appropriated to the President, to carry out the purposes of this section, in addition to funds otherwise available for such purposes, $5,000,000 for the fiscal year 1976, which amount is authorized to remain available until expended. The President shall submit to the Foreign Relations and Appropriations Committees of the Senate and the International Relations and Appropriations Committees of the House of Representatives not later than April 30, 1976, a comprehensive proposal for carrying out the provisions of this section which shall include budget materials relating to programs for the fiscal year 1977."; and (8) by adding the following new section immediately after new section 494B: "SEC. 495. CYPRUS RELIEF AND REHABILITATION.—The President is

authorized to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Cyprus. There is authorized to be appropriated for the purposes of this section, in addition to amounts otherwise available for such purposes, $30,000,000. Such amount is authorized to remain available until expended. Assistance under this section shall be provided in accordance with the policy and general authority contained in section 491.". TITLE II—FOOD AID TO POOR COUNTRIES POLICY

7 USC 1691.

SEC. 201. Section 2 of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following:

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 851

"In furnishing food aid under this Act, the President shall— "(1) give priority consideration, in helping to meet urgent food needs abroad, to making available the maximum feasible volume of food commodities (with appropriate regard to domestic price and supply situations) required by those countries most seriously affected by food shortages and by inability to meet immediate food requirements on a normal commercial basis; "(2) continue to urge all traditional and potential new donors of food, fertilizer, or the means of financing these commodities to increase their participation in efforts to address the emergency and longer term food needs of the developing world; "(3) relate United States assistance to eft'orts by aid-receiving countries to increase their own agricultural production, with emphasis on development of small, family farm agriculture, and improve their facilities for transportation, storage, and distribution of food commodities; "(4) give special consideration to the potential for expanding markets for America's agricultural abundance abroad in the allocation of commodities or concessional financing; and "(5) give appropriate recognition to and support of a strong and viable American farm economy in providing for the food security of consumers in the United States and throughout the world.". WORLD FOOD COXFERENCE TARGET

SEC. 202. The Agricultural Trade Development and Assistance Act of 1954 is amended by inserting immediately after section 2 the following new section: "SEC. 3. Pursuant to the World Food Conference recommendation that donor countries provide a total of at least ten million tons of food assistance to needy nations annually, the President is urged to maintain a significant United States contribution to this goal and to encourage other countries to maintain and increase their contributions as well.". EXERCISE o r

7 USC 1691a.

AUTHORITIES

SEC. 203. Section 103 of the Agricultural Trade Development and Assistance Act of 1954 is amended— ^ USC 1703. (1) by amending subsection (a) to read as follows: "(a) take into account efforts of friendly countries to help themselves toward a greater decree of self-reliance, including efforts to increase their own agricultural production, especially through small, family farm agriculture, to improve their facilities for transportation, storage, and distribution of food commodities, and to reduce their rate of population growth;"; (2) in subsection (b), by inserting "and in section 106(b)(2)" immediately after "section 104"; and (3) in subsection (d), by striking out the second proviso and Waiver, inserting in lieu thereof '•'•Provided, That this exclusion from the definition of 'friendly country' ma^ be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress within 10 days of the date of such determination,".

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Page:United States Statutes at Large Volume 89.djvu/912

 89 STAT. 852

PUBLIC LAW 94-161—DEC. 20, 1975 rOREIGN CUKRENCIES FROM OVERSEAS SALES

7 USC 1704.

Repeal.

SEC. 204. Section 104 of the Agricultural Trade Development and Assistance Act of 1954 is amended— (1) by inserting immediately after "the House Committee on Agriculture" each time it appears "and the House Committee on International Relations"; (2) by inserting immediately after "the Senate Committee on Agriculture and Forestry" each time it appears "and the Senate Committee on Foreign Relations"; and (3) by repealing subsection (c). USE B T FOREIGN" COUNTRIES OE PROCEEDS OF SALES OF AGRICULTURAL COMMODITIES

7 USC 1706.

7 USC 1736.

7 USC 1709. 22 USC 2151a, 2151b. 7 USC 1703.

7 USC 1736b. 22 USC 2417.

SEC. 205. Section 106(b) of the Agricultural Trade Development and Assistance Act of 1954 is amended— (1) by inserting " (1)" immediately after " (b) "; (2) by adding at the end thereof: "In negotiating such agreements with recipient countries, the United States shall emphasize the use of such proceeds for purposes which directly improve the lives of the poorest of their people and their capacity to participate in the development of their countries."; and (3) by adding at the end thereof the following new paragraphs: "(2) Greatest emphasis shall be placed on the use of such proceeds to carry out programs of agricultural development, rural development, nutrition, and population planning, and to carry out the program described in section 406(a)(1) of this Act, in those countries which are undertaking self-help measures to increase agricultural production, improve storage, transportation, and distribution of commodities, and reduce population growth in accordance with section 109 of this Act, and which programs are directed at and likely to achieve the policy objectives of sections 103 and 104 of the Foreign Assistance Act of 1961 and are consistent with the policy objectives of this Act, pursuant to agreements between the United States and foreign governments under which uses of such proceeds shall be made for such purposes. Such uses shall be deemed payments for the purpose of section 103(b) of this Act, except that for any fiscal year the total value of such payments may not exceed 15 per centum of the total value of all agreements entered into under title I of this Act for such fiscal year. Such payments shall be described in the reports required by section 408 of this Act and section 657 of the Foreign Assistance Act of 1961. "(3) In entering into agreements for the sale of agricultural commodities for dollars on credit terms under this title, priority shall be given to countries which agree to use the proceeds from the sale of the commodities in accordance with the country's agricultural development plan which— "(A) is designed to increase the access of the poor in the recipient country to an adequate, nutritious, and stable food supply; _ ^ "(B) provides for such objectives as— "(i) making farm production equipment and facilities available to farmers, "(ii) credit on reasonable terms and conditions for small farmers, and

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 853

"(iii) farm extension and technical information services designed to improve the marketing, storage, transportation, and distribution system for agricultural commodities and to develop the physical and institutional infrastructure supporting the small farmer; "(C) provides for participation by the poor, insofai- as possible, in the foregoing at the regional and local levels; apcl "(D) is designed to reach the largest practicable number of farmers in the recipient country.". SALES AGREEMENTS W I T H DEVELOPING

COUNTRIES

SEC. 206. Section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof: "In 7 USC 1709. taking these self-help measures into consideration the President shall take into particular account the extent to which they are being carried out in ways designed to contribute directly to development progress in poor rural areas and to enable the poor to participate actively in increasing agricultural production through small farm agriculture.". ASSISTANCE TO MOST SERIOUSLY AFFECTED

COUNTRIES

SEC. 207. Title I of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 111. Not more than 25 per centum of the food aid commodities 7 USC 1711. provided under this title in each fiscal year shall be allocated and agreed to be delivered to countries other than those with an annual per capita gross national product of $300 or less and affected by inability to secure sufficient food for their immediate requirements through their own production or commercial purchase from abroad, unless the President certifies to the Congress that the use of such food assistance is required for humanitarian food purposes and neither House of Congress disapproves such use, by resolution, within thirty calendar days after such certification. In determining per capita gross national product for the purposes of this section, the President is authorized and directed to make use of data developed by the AVorld Bank for its most recent annual report and relied upon by the Secretary of the Treasury. A reduction below 75 per centum in the proportion of food aid allocated and agreed to be delivered to countries with a per capita gross national product of $300 or less and affected by inability to secure sufiicient food for their immediate requirements through their own production or commercial purchase from abroad which results from significantly changed circumstances occurring after the initial allocation shall not constitute a violation of the requirements of this section. Any reallocation of food aid shall be in accordance with this section so far as practicable. The President shall report Report to promptly any such reduction, and the reasons therefor, to the Congress. Congress.". C O N T I N U I T Y o r DISTRIBUTION UNDER TITLE II

SEC. 208. Section 201 of the Agricultural Trade Development and Assistance Act of 1954 is amended— 7 USC 1721. (1) by inserting " (a) " immediately after "SEC. 201."; and (2) by adding at the end thereof the following new subsection: "(b) The minimum quantity of agricultural commodities distributed

57-194 O - 77 - 58

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text: Popular Science Monthly/Volume 31/October 1887/The Theory of Tittlebats


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Page:United States Statutes at Large Volume 89.djvu/914

 89 STAT. 854

7 USC 1731.

PUBLIC LAW 94-161—DEC. 20, 1975 under this title shall be 1,300,000 tons of which the minimum distributed through nonprofit voluntary agencies and the World Food Program shall be one million tons in each fiscal year, unless the President determines and reports to the Congress, together with his reasons, that such quantity cannot be used effectively to carry out the purposes of this title: Provided, That such minimum quantity shall not exceed the total quantity of commodities determined to be available for disposition under this Act pursuant to section 401, less the quantity of commodities required to meet famine or other urgent or extraordinary relief requirements.". LIMITATION OlSr U S E OP FOREIGN" CUKKEIirCIES

7 USC 1726.

7 USC 1709.

22 USC 2151a. 7 USC 1736b. 22 USC 2417.

SEC. 209. Title II of the Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 206. Except to meet famine or other urgent or extraordinary relief requirements, no assistance under this title shall be provided under an agreement permitting generation of foreign currency proceeds unless (1) the country receiving the assistance is undertaking self-help measures in accordance with section 109 of this Act, (2) the specific uses to which the foreign currencies are to be put are set forth in a written agreement between the United States and the recipient country, and (3) such agreement provides that the currencies will be used for purposes specified in section 103 of the Foreign Assistance Act of 1961. The President shall include information on currencies used in accordance with this section in the reports required under section 408 of this Act and section 657 of the Foreign Assistance Act of 1961.". ADVISORY COMMITTEE

7 USC 1736a.

SEC. 210. Section 407 of the Agricultural Trade Development and Assistance Act of 1954 is amended by inserting immediately before the period at the end of the first sentence ", or their designees (who shall be members of such committees or, in the case of members from the executive branch, who shall have been confirmed by the Senate)". REPORTS TO THE CONGRESS

7 USC 1736b.

7 USC 1709.

Report to congressional committees.

SEC. 211. Section 408 of the Agricultural Trade Development and Assistance Act of 1954 is amended— (1) by inserting " (a) " immediately after "SEC. 408."; (2) by striking out "calendar" in the first sentence and inserting in lieu thereof "fiscal"; and (3) by adding the following new subsections: "Cb) In his presentation to the Congress of planned programing of food assistance for each fiscal year, the President shall include a global assessment of food production and needs, self-help steps which are being taken by food-short countries under section 109(a) of this Act, steps which are being taken to encourage other countries to increase their participation in food assistance or the financing of food assistance, and the relationship between food assistance provided to each country under this Act and other foreign assistance provided to such country by the United States and other donors. "(c) Not later than November 1 of each calendar year the President shall submit to the House Committee on Agriculture, the House Committee on International Relations, the Senate Committee on Agriculture and Forestry, and the Senate Committee on Foreign Relations a

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 855

revised global assessment of food production and needs, and revised planned programming of food assistance for the current fiscal year, to reflect, to the maximum extent feasible, the actual availability of commodities for food assistance.". INTERNATIONAL FOOD RESERVE SYSTEM

SEC. 212. The Agricultural Trade Development and Assistance Act of 1954 is amended by adding at the end thereof the following new section: "SEC. 412, The President is authorized and encouraged to seek inter- 7 USC 1736f. national agreement, subject to congressional approval, for a system of food reserves to meet food shortage emergencies and to provide insurance against unexpected shortfalls in food production, with costs of such a system to be equitably shared among nations and with farmers and consumers to be given firm safeguards against market price disruption from such a system.". REPORT REGARDING IMPLEMENTATION OF RECOMMENDATIONS OF WORLD FOOD CONFERENCE

SEC. 213. The Congress calls upon the President to strengthen the efforts of the United States to carry out the recommendations of the World Food Conference. The President shall submit a detailed report to the Congress not later than November 1, 1976, with respect to the steps he has taken to carry out the recommendations of the World Food Conference, including steps to fulfill the commitment of the United States and to encourage other nations to increase their participation in efforts to improve the food security of the poorest portion of the world's population. AMENDMENT TO FARMER-TO-FARMER

7 USC 1691a °°*®Report to Congress,

PROGRAM

SEC. 214. Section 406 of the Agricultural Trade Development and Assistance Act of 1954 is amended— ^ ^^^ ^'^^'^• (1) by striking out "the Secretary of Agriculture" in subsection (a) and inserting in lieu thereof "the President"; (2) by striking in paragraph (1) of subsection (a) "through existing agencies of the Department of Agriculture"; (3) by amending paragraph (5) of subsection (a) to read as follows: "(5) to coordinate the program authorized in this section with other foreign assistance activities of the United States;". TITLE III—DEVELOPMENT ASSISTANCE POLICY

SEC. 301. Section 102 of the Foreign Assistance Act of 1961 is 22 USC 2151. amended by adding at the end thereof the following new subsections: "(c) Assistance under this chapter should be used not simply for the purpose of transferring financial resources to developing countries, but to help countries solve development problems in accordance with a strategy that aims to increase substantially the participation of the poor. Accordingly, greatest emphasis shall be placed on countries and activities which effectively involve the poor in development, by expanding their access to the economy through services and institutions at the local level, increasing labor-intensive production, spreading pro-

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Page:United States Statutes at Large Volume 89.djvu/916

 89 STAT. 856

PUBLIC LAW 94-161—DEC. 20, 1975 ductive investment and services out from major cities to small towns and outlying rural areas, and otherwise providing opportunities for the poor to better their lives through their own effort. "(d) For the purpose of assuring that development assistance furnished under this chapter is increasingly concentrated in countries which will make effective use of such assistance to help the poor toward a better life (especially such countries which are suffering from the worst and most widespread poverty and are in greatest need of outside assistance), the President shall establish appropriate criteria to assess the commitment and progress of countries in meeting the objectives set forth in subsection (c) of this section and in other sections of this chapter. In establishing such criteria, the President shall specifically take into account their value in assessing the efforts of countries to— " (1) increase agricultural productivity per unit of land through small-farm labor-intensive agriculture; " (2) reduce infant mortality; " (3) control population growth; "(4) promote greater equality of income distribution, including measures such as more progressive taxation and more equitable returns to small farmers; and "(5) reduce rates of unemployment and underemployment. The President shall endeavor to bring about the adoption of similar criteria by international development organizations in which the United States participates. Presentation materials submitted to the Congress with respect to assistance under this chapter, beginning with fiscal year 1977, shall contain detailed information concerning the steps being taken to implement this subsection.". FOOD AXD NUTKITIOX

22 USC 2151a.

Foreign currencies, use. 7 USC 1691 note.

SEC. 302. Section 103 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a), by inserting "$618,800,000 for the fiscal year 1976 and $745,000,000 for the fiscal year 1977," immediately after "1975,"; and (2) by adding at the end thereof the following new subsections: "(c) Assistance provided under this section shall be used primarily for activities which are specifically designed to increase the productivity and income of the rural poor, through such means as creation and strengthening of local institutions linked to the regional and national levels; organization of a system of financial institutions which provide both savings and credit services to the poor; stimulation of small, labor-intensive enterprises in rural towns; improvement of marketing facilities and systems; expansion of local or small-scale rural infrastructure and utilities such as farm-to-market roads, land improvement, energy, and storage facilities; establishment of more equitable and more secure land tenure arrangements; and creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, fertilizer, water, and improved seed, in ways which assure access to them by small farmers. "(d) Foreign currency proceeds from sales of commodities provided under the Agricultural Trade Development and Assistance Act of 1954 which are owned by foreign governments shall be used whenever practicable to carry out the provisions of this section. "(e) In order to carry out the purposes of this section, the President is authorized to participate in and provide, on such terms and conditions as he may determine, up to $200,000,000 to the International Fund

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 857

for Agricultural Development. There is authorized to be appropriated Appropriation to the President without fiscal year limitation $200,000,000 for such authorization. contribution. " (f) No funds may be obligated to carry out subsection (e) unless— " (1) satisfactory agreement is reached on the Articles of Agreement for the International F u n d for Agricultural Development; " (2) such Articles of Agreement are reviewed and approved Articles of by the Senate Committee on Foreign Relations and the House Agreement, review and Committee on International Relations; approval by " (3) all donor commitments to the International F u n d for congressional Agricultural Development total at least $1,000,000,000 equivalent committees. in convertible currencies, except that the United States contribution shall be proportionally reduced if this combined goal is not met; and " (4) there is equitable burden sharing among the different categories of contributors. " (g) The President shall submit to the Congress full and complete Data, submittal to data concerning United States participation in, and oparation of, the Congress. International F u n d for Agricultural Development in the annual presentation materials on proposed economic assistance programs.". AGRICULTURAL RESEARCH

SEC. 303. Chapter 1 of part I of the Foreign Assistance Act of 1961 is amended by a d d i n g after section 103 the following new section: " SEC. 103A. AGRICULTLTRAL RESEARCH.—Agricultural research car-

22 USC 2151a.l.

ried out under this Act shall (1) take account of the special needs of small farmers in the determination of research priorities, (2) include research on the interrelationships among technology, institutions, and economic, social, and cultural factors affecting small-farm agriculture, and (3) make extensive use of field testing to a d a p t basic research to local conditions. Special emphasis shall be placed on disseminating research results to the farms on which they can be p u t to use, and especially on institutional and other arrangements needed to assure that small farmers have effective access to both new and existing improved technology.". POPULATION PLANNING AND HEALTH

SEC. 304. Section 101 of the Foreign Assistance Act of 19G1 is amended— (1) by inserting " (a) " immediatelv before "In ": (2) by inserting "$243,100,000 for the fiscal year 1976 and $275,600,000 for the fiscal year 1977," immediately after "1975,"; (3) by adding at the end thereof the following new sentence: "Not less than 67 percent of the funds made available under this section for any fiscal year shall be used for population planning, either in separate programs or as an element of health programs."; and (4) by adding at the end thereof the following new subsection: "(b) Assistance provided under this section shall be used primarily for extension of low-cost, integrated delivery systems to provide health and family planning services, especially to rural areas and to the poorest economic sectors, using paramedical and auxiliary medical personnel, clinics and health posts, commercial distribution systems, and other modes of community outreach; health programs which emphasize disease prevention, environmental sanitation, and health education; and population planning programs which include education in

22 USC 2151b.

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 89 STAT. 858

PUBLIC LAW 94-161—DEC. 20, 1975 responsible parenthood and motivational programs, as well as delivery of family planning services and which are coordinated with programs aimed at reducing the infant mortality rate, providing better nutrition to pregnant women and infants, and raising the standard of living of the poor.". EDUCATION" AND H U M A K RESOUKCES DEVELOPMENT

22 USC 2151c.

SEC. 305. (a) Section 105 of the Foreign Assistance Act of 1961 is amended— (1) by inserting " (a) " immediately before " I n "; (2) by inserting "$89,200,000 for the fiscal year 1976 and $101,800,000 for the fiscal year 1977," immediately after "1975,"; and (3) by a d d i n g at the end thereof the following new subsections: " (b) Assistance provided under this section shall be used primarily to expand and strengthen nonformal education methods, especially those designed to improve productive skills of rural families and the urban poor and to provide them with useful information; to increase the relevance of formal education systems to the needs of the poor, especially at the p r i m a r y level, through reform of curricula, teaching materials, and teaching methods, and improved teacher t r a i n i n g; and to strengthen the management capabilities of institutions which enable the poor to participate in development. " (c) Of the amount authorized to be appropriated by subsection (a), not less than $1,000,000 shall be available to support the southern African student program and the southern African t r a i n i n g program, for the purpose of providing educational assistance to Southern Africans.". TECHNICAL ASSISTANCE, ENERGY, RESEARCH, RECONSTRUCTION, AND SELECTED DEVELOPMENT PROBLEMS; INTERMEDIATE TECHNOLOGY

Repeals. 22 USC 2151d, 2151e, 2201.

SEC. 306. The Foreign Assistance Act of 1961 is amended— (1) by repealing sections 106, 107, and 241; and (2) by inserting immediately after section 105 the following new sections:

22 USC 2151d.

" SEC. 106. T E C H N I C A L ASSISTANCE, E N E R G Y, RESEARCH, RECONSTRUCTION, AND SELECTED DEVELOPMENT PROBLEMS.— (a) The P r e s i d e n t is

Ante, p. 856. Supra.

authorized to furnish assistance, on such terms and conditions as he may determine, for the following activities, to the extent that such activities are not authorized by sections 103, 104, and 105 of this Act: " (1) programs of technical cooperation and development, particularly the development efforts of United States private and voluntary agencies and regional and international development organizations; " (2) programs to help developing countries alleviate their energy problems by increasing their production and conservation of energy, through such means as research and development of suitable energy sources and conservation methods, collection and analysis of information concerning countries' potential supplies of and needs for energy, and pilot projects to test new methods of production or conservation of energy; " (3) programs of research into, and evaluation of, the process of economic development in less developed countries and areas, into the factors affecting the relative success and costs of development activities, and into the means, techniques, and such other

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 PUBLIC LAW 94-161—DEC. 20, 1975 aspects of development assistance as the President may determine in order to render such assistance of increasing value and benefit; " (4) programs of reconstruction following natural or manmade disasters; "(5) programs designed to help solve special development problems in the poorest countries and to make possible proper utilization of infrastructure and related projects funded with earlier United States assistance; and " (6) programs of urban development, with particiular emphasis on small, labor intensive enterprises, marketing systems for small producers, and financial and other institutions which enable the urban poor to participate in the economic and social development of their country. "(b) There is authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $99,550,000 for the fiscal year 1976 and $104,500,000 for the fiscal year 1977, which amounts are authorized to remain available until expended. Of the amounts made available under this section, not less than $30,000,000 shall be available during the period beginning July 1, 1975, and ending September 30. 1977, only for reimbursement to private voluntary agencies of the United States for costs incurred with respect to the shipment of food and nonfood commodities provided through private donations. "SEC. 107. I^TTERMEDiATE TECHNOLOGY.—Of the funds made available to carry out this chapter for the fiscal years 1976, 1977, and 1978, a total of $20,000,000 may be used for activities in the field of intermediate technology, through grants in support of an expanded and coordinated private effort to promote the development and dissemination of technologies appropriate for developing countries. The Agency for International Development shall prepare a detailed proposal to carry out this section and shall keep the Senate Foreign Relations Committee and the House International Relations Committee fully and currently informed concerning the development of the proposal. The proposal shall be transmitted to these committees no later than March 31, 1976, and shall not be implemented until thirty days after its transmittal or until passage by each committee of a resolution in eflfect approving its implementation.".

89 STAT. 859

Appropriation authorization.

22 USC 2151e.

Proposal. Information to congressional committees. Transmitted to congressional committees.

COST-SHARING

SEC. 307. Section 110(a) of the Foreign Assistance Act of 1961 Waiver. is amended by inserting immediately before the period at the end 22 USC 2151h. thereof the following: "and except that the President may waive this cost-sharing requirement in the case of a project or activity in a country which the agency primarily responsible for administering part I of this Act determines is relatively least developed based on the United Nations Conference on Trade and Development list of 'relatively least developed countries' ". DEVELOPMENT AND USE OF COOPERATIVES

SEC. 308. Section 111 of the Foreign Assistance Act of 1961 is 22 USC 21511. amended to read as follows: "SEC. 111. DEVELOPMENT AND USE or COOPERATIVES.—In order to strengthen the participation of the niral and urban poor in their country's development, hisrh priority shall be given to increasing the use of funds made available under this Act for assistance in the development of cooperatives in the less developed countries which will

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 89 STAT. 860

PUBLIC LAW 94-161—DEC. 20, 1975 enable and encoura^^e greater numbers of the poor to help themselves toward a better life. Not less than $20,000,000 of such funds shall be used during the fiscal years 1976 and 1977, including the period from July 1, 1976, through September 30, 1976, only for technical assistance to carry out the purposes of this section.". INTEGRATING WOMKN INTO NATIONAL

22 USC 2151k.

ECONOMIES

SEC. 309. Section 113 of the Foreign Assistance Act of 1961 is amended by striking out "Sections 103 through 107" and inserting in lieu thereof ''Part I". H U M A N RIGHTS AND DEVELOPMENT ASSISTANCE

SEC. 310. Part I of the Foreign Assistance Act of 1961 is amended by inserting immediately after section 115 the following new section: 22 USC 2151n.

Justification for assistance, submittal to Congress.

22 USC 2367.

Report to Speaker of the House and Senate committee.

"SEC. 116. HUMAN RIGHTS.— (a) No assistance may be provided

under this part to the government of any country which engages in a consistent pattern of gross violations of internationaly recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial of the right to life, liberty, and the security of person, unless such assistance will directly benefit the needy people in such country. " (b) In determining whether this standard is being met with regard to funds allocated under this part, the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives may require the Administrator primarily responsible for administering part I of this Act to submit in writing information demonstrating that such assistance will directly benefit the needy people in such countr\^ together with a detailed explanation of the assistance to be provided (including the dollar amounts of such assistance) and an explanation of hoAV such assistance will directly benefit the needy people in such country. If either committee or either House of Congress disagrees with the Administrator's justification it may initiate action to terminate assistance to any country by a concurrent resolution under section 617 of this Act. "(c) In determining whether or not a government falls within the provisions of subsection (a), consideration shall be given to the extent of cooperation of such governn\ent in permitting an unimpeded investigation of alleged violations of internationaly recoonized human rights by appropriate international organizations, including the Tnternationai Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States. "(d) The President shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, in the annual presentation materials on proposed economic development assistance programs, a full and complete report regarding the steps he has taken to carry out the provisions of this section.". DEVELOPMENT

22 USC 2169.

ASSISTANCE

SEC. 311. Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) by amending section 209(c) to read as follows: "(c) It is the sense of the Congress that the President should increase, to the extent practicable, the funds provided by the United States to multilateral lending institutions and multilateral organiza-

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 PUBLIC LAW 94-161—DEC. 20, 1975 tioiis in which the United States participates for use by such institutions and organizations in making loans to foreign countries."; (2) by amending section 214— (A) in subsection (c), by inserting "and for each of the fiscal years 1976 and 1977, $25,000,000," immediately after "$19,000,000,"; and (B) in subsection (d), by inserting "and for each of the fiscal years 1976 and 1977, $7,000,000," immediately after "$6,500,000"; (3) in section 221, by striking out "$355,000,000" and inserting in lieu thereof "$430,000,000"; (4) in section 222(c), by striking out "$550,000,000" and inserting in lieu thereof "$600,000,000"; and (5) in section 223— (A) by striking out "June 30, 1976" in subsection (i) and inserting in lieu thereof "September 30, 1978"; and (B) by adding at the end thereof the following new subsection:

89 STAT, 861

22 USC 2174.

22 USC 2181. 22 USC 2182. 22 USC 2183. Housing guaranties.

"(j) Guaranties shall be issued under sections 221 and 222 only for housing projects which (1) except for regional projects, are in countries which are receiving, or which in the previous two fiscal years have received, development assistance under chapter 1 of part I of this Act, (2) are coordinated with and complementary to such assist- 22 USC 2151. ance, and (3) are specifically designed to demonstrate the feasibility and suitability of particular kinds of housing or of financial or other institutional arrangements. Of the aggregate face value of housing guaranties hereafter issued under this title, not less than 90 per centum shall be issued for housing suitable for families with income below the median income (below the median urban income for housing in urban areas) in the country in which the housing is located. The face value of guaranties issued with respect to housing in any country shall not exceed $25,000,000 in any fiscal year, and the average face value of guaranties issued in any fiscal year shall not exceed $15,000,000. Notwithstanding the provisions of the first sentence of this subsection, the President is authorized to issue housing guaranties until September 30, 1977, as follows: In Israel, not exceeding a face amount of Israel and $50,000,000. and in Portugal, not exceeding a face amount of Portugal. $20,000,000.". FAMINE

PREVENTION

SEC. 312. Chapter 2 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new title: "TITLE XII—FAMINE PREVENTION AND FREEDOM FROM HUNGER 296. GENERAL PROVISIONS.—(a) The Congress declares that, 22 USC 2220a. in order to prevent famine and establish freedom from hunger, the United States should strengthen the capacities of the United States land-grant and other eligible universities in program-related agricultural institutional development and research, consistent with sections 103 and 103A, should improve their participation in the United 22 USC 2151a. States Government's international efforts to apply more effective agri- Ante, p. 857. cultural sciences to the goal of increasing world food production, and in general should proAnde increased and longer term support to the application of science to solving food and nutrition problems of the developing countries. "SEC.

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 89 STAT. 862 Land-grant universities.

PUBLIC LAW 94-161—DEC. 20, 1975 "The Congress so declares because it finds— " (1) that the establishment, endowment, and continuing support of land-grant universities in the United States by Federal, State, and county governments has led to agricultural progress in this country; "(2) that land-grant and other universities in the United States have demonstrated over many years their ability to cooperate with foreign agricultural institutions in expanding indigenous food production for both domestic and international markets; "(3) that, in a world of growing population with rising expectations, increased food production and improved distribution, storage, and marketing in the developing countries is necessary not only to prevent hunger but to build the economic base for growth, and moreover, that the greatest potential for increasing world food supplies is in the developing countries where the gap between food need and food supply is the greatest and current yields are lowest; "(4) that increasing and making more secure the supply of food is of greatest benefit to the poorest majority in the developing world; " (5) that research, teaching, and extension activities, and appropriate institutional development therefor are prime factors in increasing agricultural production abroad (as well as in the United States) and in improving food distribution, storage, and marketing; "(6) moreover, that agricultural research abroad has in the past and will continue in the future to provide benefits for agriculture in the United States and that increasing the availability of food of higher nutritional quality is of benefit to all; and "(7) that universities need a dependable source of Federal funding, as well as other financing, in order to expand, or in some cases to continue, their efforts to assist in increasing agricultural production in developing countries. "(b) Accordingly, the Congress declares that, in order to prevent famine and establish freedom from hunger, various components must be brought together in order to increase world food production, including— "(1) strengthening the capabilities of universities to assist in increasing agricultural production in developing countries; "(2) institution-building programs for development of national and regional agricultural research and extension capacities in developing countries which need assistance; "(3) international agricultural research centers; " (4) contract research; and "(5) research program grants. "(c) The United States should— " (1) effectively involve the United States land-grant and other elififible universities more extensively in each component; "(2) provide mechanisms for the universities to participate and advise in the planning, development, implementation, and administration of each component; and "(3) assist such universities in cooperative joint efforts with— "(A) agricultural institutions in developing nations, and "(B) regional and international agricultural research centers.

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 8 6 3

directed to strengthening their joint and respective capabilities and to engage them more effectively in research, teaching, and extension activities for solving problems in food production, distribution, storage, marketing, and consumption in agriculturally underdeveloped nations. " (d) A s used in this title, the term 'universities' means those col- 'Universities leges or universities in each State, territory, or possession of the United States, or the District of Columbia, now receiving, or which may hereafter receive, benefits under the Act of July 2, 1862 (known as the F i r s t Morrill Act), or the Act of August 30, 1890 (known as 7 USC 301. the Second Morrill Act), which are commonly known as 'land-grant' 7 USC 321. universities; institutions now designated or which may hereafter be designated as sea-grant colleges under the Act of October 15, 1966 (known as the National Sea G r a n t College and Program Act), which 33 USC 1121 are commonly known as sea-grant colleges; and other United States note. colleges and universities which— " (1) have demonstrable capacity in teaching, research, and extension activities i n the agricultural sciences; and " (2) can contribute effectively to the attainment of the objectives of this title. " (e) A s used i n this title, the term 'Administrator' means the Definitions Administrator of the Agency for International Development. " (f) A s used in this title, the term 'agriculture' shall be considered to include aquaculture and fisheries. " (g) A s used in this title, the term 'farmers' shall be considered to include fishermen and other persons employed in cultivating and harvesting food resources from salt and fresh waters. " SEC. 297. GENERAL AUTHORITY. — (a) To c a r r y out the purposes of 22 USC 2220b. this title, the President is authorized to provide assistance on such terms and conditions as he shall determine— " (1) to strengthen the capabilities of universities in teachijig, research, and extension work to enable them to implement current programs authorized by paragraph s (2), (3), (4), and (5) of this subsection, and those proposed in the report required by section 300 of this title; " (2) to build and strengthen the institutional capacity and human resource skills of agriculturally developing countries so that these countries may participate more fully in the international agricultural problem-solving effort and to introduce and a d a p t new solutions to local circumstances; " (3) to provide program support for long-term collaborative university research on food production, distribution, storage, marketing, and consumption; " (4) to involve universities more fully in the international network of agricultural science, including the international research centers, the activities of international organizations such as the United Nations Development Program and the Food and Agriculture Organization, and the institutions of agriculturally developing nations; and " (5) to provide program support for international agricultural research centers, to provide support for research projects identified for specific problem-solving needs, and to develop and strengthen national research systems in the developing countries. " (b) Program s under this title shall be carried o u t so as to— " (1) utilize and strengthen the capabilities of universities in— " (A) developing capacity i n the cooperating nation for classroom teaching i n agriculture, plant and animal sciences,

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 864

human nutrition, and vocational and domestic arts and other relevant fields appropriate to local needs; "(B) agricultural research to be conducted in the cooperating nations, at international agricultural research centers, or in the United States; "(C) the planning, initiation, and development of extension services through which information concerning agriculture and related subjects will be made available directly to farmers and farm families in the agriculturally developing nations by means of education and demonstration; or "(D) the exchange of educators, scientists, and students for the purpose of assisting in successful development in the cooperating nations; " (2) take into account the value to United States agriculture of such programs, integrating to the extent practicable the programs and financing authorized under this title with those supported by other Federal or State resources so as to maximize the contribution to the development of agriculture in the United States and in agriculturally develop)ing nations; and "(3) whenever practicable, build on existing programs and institutions including those of the universities and the United States Department of Agriculture and the United States Department of Commerce. "(c) To the maximum extent practicable, activities under this section shall (1) be designed to achieve the most effective interrelationship among the teaching of agricultural sciences, research, and extension work, (2) focus primarily on the needs of agricultural producers, (3) be adapted to local circumstances, and (4) be carried out within the developing countries. "(d) The President shall exercise his authority under this section through the Administrator. Establishment. 22 USC 2220c. Membership.

Term. Expenses.

"SEC. 298.

BOARD FOR INTERNATIONAL FOOD AND AGRICULTURAL

DEVELOPIMF.NT.—(a) To assist in the administration of the programs authorized by this title, the President shall establish a permanent Board for International Food and Agricultural Development (hereafter in this title referred to as the 'Board') consisting of seven members, not less than four to be selected from the universities. Terms of members shall be set by the President at the time of appointment. Members of the Board shall be entitled to such reimbursement for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business) as the President deems appropriate. "(b) The Board's general areas of responsibility shall include, but not be limited to— "(1) participating in the planning, development, and implementation of, " (2) initiating recommendations for, and "(3) monitoring of, the activities described in section 297 of this title. " (c) The Board's duties shall include, but not necessarilv be limited to— "(1) participating in the formulation of basic policy, procedures, and criteria for project proposal review, selection, and monitoring; " (2) developing and keeping current a roster of universities— "(A) interested in exploring their potential for collaborative relationships with agricultural institutions, and with

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 PUBLIC LAW 94-161—DEC. 20, 1975 scientists working on signiificant programs designed to increase food production in developing countries, "(B) having capacity in the agricultural sciences, "(C) able to maintain an appropriate balance of teaching, research, and extension functions, "(D) having capacity, experience, and commitment with respect to international agricultural efforts, and " (E) able to contribute to solving the problems addressed by this title; "(3) recommending which developing nations could benefit from programs carried out under this title, and identifying those nations which have an interest in establishing or developing agricultural institutions which engage in teaching, research, or extension activities; " (4) reviewing and evaluating memorandums of understanding or other documents that detail the terms and conditions between the Administrator and universities participating in programs under this title; "(5) reviewing and evaluating agreements and activities authorized by this title and undertaken by universities to assure compliance with the purposes of this title; "(6) recommending to the Administrator the apportionment of funds under section 297 of this title; and "(7) assessing the impact of programs carried out under this title in solving agricultural problems in the developing nations. "(d) The President may authorize the Board to create such subordinate units as may be necessary for the performance of its duties, including but not limited to the following: "(1) a Joint Eesearch Committee to participate in the administration and development of the collaborative activities described in section 297(a)(3) of this title; and "(2) a Joint Committee on Country Programs which shall assist in the implementation of the bilateral activities described in sections 297(a)(2),297(a)(4), and 297(a)(5). "(e) In addition to any other functions assigned to and agreed to by the Board, the Board shall be consulted in the preparation of the annual report required by section 300 of this title and on other agricultural development activities related to programs under this title. "SEC. 299. AUTHORIZATION".—(a) The President is authorized to use any of the funds hereafter made available under section 103 of this Act to carry out the purposes of this title. Funds made available for such purposes may be used without regard to the provisions of sections 110(b), 211 (a), and 211 (d) of this Act. "(b) Foreign currencies owned by the United States and determined by the Secretary of the Treasury to be excess to the needs of the United States shall be used to the maximum extent possible in lieu of dollars in carrying out the provisions of this title. "(c) Assistance authorized under this title shall be in addition to any allotments or grants that may be made under other authorizations. "(d) Universities may accept and expend funds from other sources, public and private, in order to carry out the purposes of this title. All such funds, both prospective and inhand, shall be periodically disclosed to the Administrator as he shall by regulation require, but no less often than in an annual report.

89 STAT. 865

22 USC 2220d. 22 USC 2151a. 22 USC 2151h, 2171. Foreign currencies, use.

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Page:United States Statutes at Large Volume 89.djvu/926

 89 STAT. 866 Presidential report to Congress. 22 USC 2220e.

PUBLIC LAW 94-161—DEC. 20, 1975 "SEC. 300. ANNUAL, KEPORT.—The President shall transmit to the

Congress, not later than April 1 of each year, a report detailing the activities carried out pursuant to this title during the preceding fiscal yg^j. g^^^ containing a projection of programs and activities to be conducted during the subsequent five fiscal years. Each report shall contain a summary of the activities of the Board established pursuant to section 298 of this title and may include the separate views of the Board with respect to any aspect of the programs conducted or proposed to be conducted under this title.". INTERNATIONAL ORGANIZATIONS AND PROGRAMS

22 USC 2222.

22 USC 2225. 22 USC 2221.

SEC. 313. (a) Section 302 of the Foreign Assistance Act of 1961 is amended— (1) in subsection (a), by (A) inserting immediately before the period ", and for the fiscal year 1976, $194,500,000 and for the fiscal year 1977, $219,900,000. Of such amounts, not to exceed $250,000 during the fiscal year 1976 shall be availabk> for contribution to the Namibia Institute", (B) inserting " (1) " immediately after " (a) " and (C) adding at the end of the subsection the following new paragraph: "(2) The Congress reaffirms its support for the work of the Inter-American Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect for human rights within this hemisphere, not less than $357,000 of the amount appropriated for fiscal year 1976 and $358,000 of the amount appropriated for fiscal year 1977, for contributions to the Organization of American States, shall be used only for budgetary support for the Inter-American Commission on Human Eights."; (2) in subsection (b)(1), by striking out "$51,220,000" and inserting in lieu thereof "$61,220,000": (3) in subsection (b)(2), by inserting "and for use beginning in the fiscal year 1976, $27,000,000," immediately after "fiscal year 1975, $14,500,000,"; and (4) in subsection (d) by striking out "1974 and 1975, $18,000,000" and inserting in lieu thereof "1976 and 1977, $20,000,000". (b) Section 54 of the Foreign Assistance Act of 1974 is amended by striking out "part III " and inserting in lieu thereof "part I". (c) Section 301 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(f) The President is hereby authorized to permit United States participation in the International Fertilizer Development Center and is authorized to use any of the funds made available under this part for the purpose of furnishing assistance to the Center on such terms and conditions as he may determine.". ASSISTANCE TO FORMER PORTUGUESE COLONIES I N AFRICA

22 USC 2293.

SEC. 314. Section 496 of the Foreign Assistance Act of 1961 is amended— (1) by inserting " (a) " immediately after the section caption: (2) by stiliking out "$5,000,000" and inserting in lieu thereof "$7,750,000" > (3) by striking out "$20,000,000" and inserting in lieu thereof "$17,250,000"; and

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Page:United States Statutes at Large Volume 89.djvu/927

 PUBLIC LAW 94-161—DEC. 20, 1975 (4) by adding at the end thereof the following new subsections: "(b) Notwithstanding the provisions of section 620(r) of this Act, the United States is authorized to forgive the liability incurred by the Government of the Cape Verde Islands for the repayment of a $3,000,000 loan on June 30, 1975. "(c) The President is authorized to use up to $30,000,000 of the funds made available under this part for the fiscal year 1976, in addition to funds otherwise available for such purposes, to provide development assistance in accordance with chapter 1 or relief and rehabilitation assistance in accordance with chapter 9 (including assistance through international or private voluntary organizations) to countries and colonies in Africa which were, prior to April 25, 1974, colonies of Portugal.".

89 STAT. 867 Cape Verde Islands loan, forgiveness of liability.

22 USC 2370.

22 USC 2151 et seq. 22 USC 2292 et seq.

rURNISHING o r SERVICES AND COMMODITIES

SEC. 315. Section 607(a) of the Foreign Assistance Act is amended 22 USC 2357. by deleting the second full sentence, and inserting in lieu thereof the following: "Such advances or reimbursements may be credited to the currently applicable appropriation, account, or fund of the agency concerned and shall be available for the purposes for which such appropriation, account, or fund is authorized to be used, under the following circumstances: "(1) Advances or reimbursements which are received under this section within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered. "(2) Advances or reimbursements received pursuant to agreements executed under this section in which reimbursement will not be completed within one hundred and eighty days after the close of the fiscal year in which such services and commodities are delivered: Provided, That such agreements require the payment of interest at the current rate established pursuant to section 2 (b)(1)(B) of the Export-Import Bank Act of 1945 (59 Stat. 526), and repayment of such principal and interest does not 12 USC 635 note, exceed a period of three years from the date of signing of the agreement to provide the service: Provided further, That funds available for this paragraph in any fiscal year shall not exceed $1,000,000 of the total funds authorized for use in such fiscal year by chapter 1 of part I of this Act, and shall be available only to the extent provided in appropriation Acts. Interest shall accrue as of the date of disbursement to the agency or organization providing such services.". SUPPORT o r

REIMBURSABLE DEVELOPMENT

PROGRAMS

SEC. 316. Section 661 of the Foreign Assistance Act of 1961 is 22 USC 2421. amended by striking out "in each of the fiscal years 1975 and 1976" and inserting in lieu thereof "in the fiscal year 1975, $2,000,000 in the fiscal year 1976, and $2,000,000 in the fiscal year 1977,". T R A N S I T I O N PROVISIONS FOR I N T E R I M

QUARTER

SEC. 317. Part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 665. TRANSITION PROVISIONS FOR INTERIM QUARTER.—There are 22 USC 2425. authorized to be appropriated for the period July 1, 1976, through September 30, 1976, such amounts as may be necessary to conduct programs and activities for which funding was authorized for fiscal year

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 PUBLIC LAW 94-161—DEC. 20, 1975

89 STAT. 868 22 USC 2151 note.

1976 by the International Development and Food Assistance Act of 1975, in accordance with the provisions applicable to such programs and activities for such fiscal year, except that the total amount appropriated for such period shall not exceed one-fourth of the total amount authorized to be appropriated for the fiscal year 1976 for such programs and activities,". DISCRIMINATION" AGAINST UNITED STATES PERSONNEL

SEC. 318, Part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: 22 USC 2426.

Rules and regulations.

"SEC.

666. DISCRIMINATION AGAINST UNITED STATES PERSONNEL,—

(a) The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this Act in any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience. " (b) Effective six months after the date of enactment of the International Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this Act on the basis of the race, religion, national origin, or sex of such officer or employee. "(c) The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section,". OPERATING E X P E N S E S

22 USC 2427. 22 USC 2151.

SEC. 319. Part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 667. OPERATING EXPENSES.—Nothing in this Act is intended to preclude the Committees on Appropriations, in appropriation legislation, from setting a ceiling on operating expenses of the agency primarily responsible for administering part I and limiting the availability of other sums therefor.". LIMITATION ON ASSISTANCE TO CHILE

7 USC 1701.

SEC. 320. Notwithstanding any other provision of law, the total amount of economic assistance (including but not limited to housing guaranties and sales under title I of the Agricultural Trade Development and Assistance Act of 1954) that may be made available to Chile may not exceed $90,000,000 during the fiscal year 1976. SETTLEMENT OF DEBT OWED THE UNITED STATES

22 USC 2220a note.

SEC. 321. No debt owed to the United States by any foreign country with respect to the payment of any loan made under any program funded under this Act may be settled in an amount less than the full amount of such debt unless the Congress by concurrent resolution approves of such settlement.

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 PUBLIC LAW 94-161—DEC. 20, 1975 PARTICrPATION BY OTHER COUNTRIES I N PROVIDING ASSISTANCE TO ISRAEL OR EGYPT

SEC. 322. I t is the sense of the Senate that the President should attempt to negotiate an equitable share of participation by the countries of Western Europe, Japan, and the United Nations in providing assistance to Israel or Egypt. Approved December 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-442 (Comm. on International Relations) and No. 94-691 (Comm. of Conference). SENATE REPORTS: No. 94-406 (Comm. on Foreign Relations) and No. 94-434 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 121 (1975): Sept. 10, considered and passed House. Nov. 3-5, considered and passed Senate, amended. Dec. 4, Senate agreed to conference report. Dec. 9, House agreed to conference report.

89 STAT. 869

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 89 STAT. 870

PUBLIC LAW 94-162—DEC. 20, 1975

Public Law 94-162 94th Congress An Act Dec. 20, 1975 [H.R. 9883]

Lyndon Baines Johnson Memorial Grove on the Potomac, development authorization.

To amend the Joint Resolution approved December 28, 1973, providing for the establishment of the Lyndon Baines Jotinson Memorial Grove on the Potomac, and for other purposes.

Be it enacted hy_ the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the joint resolution approved December 28, 1973 (87 Stat. 909), providing for the establishment of the Lyndon Baines Johnson Memorial Grove on the Potomac, is amended by changing the period in the last sentence to a comma and inserting the following thereafter: "except that this provision shall not apply to the development, hereby authorized, of improvements to federally owned land that will facilitate or enhance the pedestrian and vehicular access to the memorial; Provided, however, That in no event shall Federal expenditures for such development exceed $1,000,000." Approved December 20, 1975.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-684 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-530 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 1, considered and passed House. Dec. 11, considered and passed Senate.

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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 871

Public Law 94-163 94th Congress An Act To increase domestic energy supplies and availability; to restrain energy demand; to prepare for energy emergencies; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That t h i s Act may b e cited as the "Enet-gy Policy and Conservation Act". TABLE OF CONTENTS Sec. 2. Statement of purposes. Sec. 3. Definitions. TITLE I—MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY PAKT A—DOMESTIC SUPPLY

Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106.

Coal conversion. Incentives to develop underground coal mines. Domestic use of energy supplies and related materials and equipment. Materials allocation. Prohibition of certain lease bidding arrangements. Production of oil or gas at the maximum eflScient rate and temporary emergency production rate. PART B—STRATEGIC PETROLEUM RESERVE

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. 164. 165. 166.

Declaration of policy. Definitions. Strategic Petroleum Reserve Office. Strategic Petroleum Reserve. Early Storage Reserve. Industrial Petroleum Reserve. Regional Petroleum Reserve. Other storage reserves. Review by Congress and implementation. Petroleum products for storage in the Reserve. Drawdown and distribution of the Reserve. Coordination with import quota system. Disclosure, inspection, investigation. Naval petroleum reserves study. Annual reports. Authorization of appropriations. TITLE II—STANDBY ENERGY AUTHORITIES PART A—GENERAL BMEEQENCY AUTHORITIES

Sec. 201. Conditions of exercise of energy conservation and rationing authorities. Sec. 202. Energy conservation contingency plans. Sec. 203. Rationing contingency plan. PART B—AUTHORITIES W I T H RESPECT TO INTERNATIONAL ENBBGT PBOORAH

Sec. Sec. Sec. Sec. Sec.

251. 252. 253. 254. 255.

International oil allocation. International voluntary agreements. Advisory committees. Exchange of information. Relationship of this title to the international energy agreement.

Uec. 22, iJib [S. 622] Energy Policy ^^^ Conservation Act. 42 USC 6201 note.

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Page:United States Statutes at Large Volume 89.djvu/932

 89 STAT. 872

PUBLIC LAW 94-163—DEC. 22, 1975 TABLE OF CONTENTS—Continued TITLE III—IMPROVING ENERGY EFFICIENCY PABT A—AUTOMOTIVE F U E L ECONOMY

Sec. 301. Amendment to Motor Vehicle Information and Cost Savings Act. "TITLE V—IMPROVING AUTOMOTIVE EFFICIENCY "PABT A—AUTOMOTIVE F U E L ECONOMY

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

501. 502. 503. 504. 505. 506. 507. 508. 509. 510.

Definitions. Average fuel economy standards applicable to each manufacturer. Determination of average fuel economy. Judicial review. Information and reports. Labeling. Unlawful conduct. Civil penalty. Effect on State law. Use of fuel eflScient passenger automobiles by the Federal Government. "Sec. 511. Retrofit devices. "Sec. 512. Reports to Congress.".

PART B—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER T H A N AUTOMOBILES

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339.

Definitions. Coverage. Test procedures. Labeling Energy eflaciency standards. Requirements of manufacturers and private labelers. Effect on other law. Rules. Authority to obtain information. Exports. Imports. Prohibited acts. Enforcement. Injunctive enforcement. Citizen suits. Administrative procedure and judicial review. Consumer education. Annual report. Authorization of appropriations. PART C—STATE ENERGY CONSERVATION PROGRAMS

Sec. Sec. Sec. Sec. Sec. Sec.

361. 362. 363. 364. 365. 366.

Findings and purpose. State energy conservation plans. Federal assistance to States. Energy conservation goals. General provisions. Definitions, PABT D—INDUSTRIAL ENERGY CONSERVATION

Sec. Sec. Sec. Sec. Sec. Sec.

371. 372. 373. 374. 375. 376.

Definitions. Program. Identification of major energy consumers. Industrial energy efficiency improvement targets. Reports. General provisions.

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 PUBLIC LAW 94-163—DEC. 22, 1975 TABLE OF CONTENTS—Continued TITLE III—IMPROVING ENERGY EFFICIENCY—Continued PART E — OTHER FEDERAL ENERGY CONSERVATION MEASURES

Sec. 381. Federal energy conservation programs. Sec. 382. Energy conservation in policies and practices of certain Federal agencies. Sec. 383. Federal actions with respect to recycled oil. TITLE IV—PETROLEUM PRICING POLICY AND OTHER AMENDMENTS TO THE ALLOCATION ACT PART A—PRICING POLICY

Sec. 401. Oil pricing policy. Sec. 402. Limitations on pricing policy. Sec. 403. Entitlements. PART B — OTHER AMENDMENTS TO THE ALLOCATION ACT

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

451. 452. 453. 454. 455. 456. 457. 458. 459. 460. 461. 462. 463.

Amendments to the objectives of the Allocation Act. Penalties under the Allocation Act. Antitrust provision in Allocation Act. Evaluation of regulation under the Allocation Act. Conversion to standby authorities. Technical purchase authority. Direct controls on refinery operations. Inventory controls. Hoarding prohibitions. Asphalt allocation authority. Expiration of authorities. Reimbursement to States. Effective date of Allocation Act amendments. TITLE V—GENERAL PROVISIONS PART A—ENERGY DATA BASE AND ENERGY INFORMATION

Sec. Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505. 506.

Verification examinations. Powers of the Comptroller General and reports. Accounting practices. Enforcement. Amendment to Energy Supply and Coordination Act of 1974. Extension of energy information gathering authority. PART B—GENERAL PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

521. Prohibition on certain actions. 522. Confiicts of interest. 523. Administrative procedure and judicial review. 524. Prohibited acts. 525. Enforcement. 526. Effect on other laws. 527. Transfer of authority. 528. Authorization of appropriations for interim period. 529. Intrastate natural gas. 530. Limitation on loan guarantees. 531. Expiration. PART C—CONGRESSIONAL REVIEW

Sec. 551. Procedure for congressional review of Presidential requests to implement certain authorities. Sec. 552. Expedited procedure for congressional consideration of certain authorities.

89 STAT. 873

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 89 STAT. 874

PUBLIC LAW 94-163—DEC. 22, 1975 STATEMENT OF PURPOSES

42 USC 6201.

SEC. 2. The purposes of this Act are— (1) to grant specific standby authority to the President, subject to congressional review, to impose rationing, to reduce demand for energy through the implementation of energy conservation plans, and to fulfill obligations of the United States under the international energy program; (2) to provide for the creation of a Strategic Petroleum Reserve capable of reducing the impact of severe energy supply interruptions; (3) to increase the supply of fossil fuels in the United States, through price incentives and production requirements; (4) to conserve energy supplies through energy conservation programs, and, where necessary, the regulation of certain energy uses; (5) to provide for improved energy efficiency of motor vehicles, major appliances, and certain other consumer products; (6) to reduce the demand for petroleum products and natural gas through programs designed to provide greater availability and use of this Nation's abundant coal resources; and (7) to provide a means for verification of energy data to assure the reliability of energy data. DEFINITIONS

42 USC 6202.

SEC. 3. As used in this Act: (1) The term "Administrator" means the Administrator of the Federal Energy Administration. (2) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof. (3) The term "petroleum product" means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product). (4) The term "State" means a State, the District of Columbia, Puerto Rico, or any territory or possession of the United States. (5) The term "United States" when used in the geographical sense means all of the States and the Outer Continental Shelf. (6) The term "Outer Continental Shelf" has the same meaning as such term has under section 2 of the Outer Continental Shelf Lands Act(43 U.S.C.1331). (7) The term "international energy program" means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled "Emergency Reserves", (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement. (8) The term "severe energy supply interruption" means a national energy supply shortage which the President determines— (A) is, or is likely to be, of significant scope and duration, and of an emergency nature; (B) may cause major adverse impact on national safety or the national economy; and (C) results, or is likely to result, from an interruption in the supply of imported petroleum products, or from sabotage or an act of God.

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Page:United States Statutes at Large Volume 89.djvu/935

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 875

(9) The term "antitrust laws" includes— (A) the Act entitled "An Act to protect trade and commerce against unlawful restraints and monopolies", approved July 2, 1890 (15 U.S.C.l,etseq.); (B) the Act entitled "An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes", approved October 15, 1914 (15 U.S.C. 12, et seq.); (C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.); (D) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purpose", approved August 27, 1894 (15 U.S.C. 8 and 9); and (E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and21A). (10) The term "Federal land" means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except land.s— (A) held in trust for Indians or Alaska Natives, (B) owned by Indians or Alaska Natives with Federal restrictions on the title, (C) within any area of the National Park System, the National Wildlife Kefuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or (D) within military reservations. TITLE I—MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY PART A—DOMESTIC SUPPLY COAL CONVERSION

SEC. 101. (a) Section 2(f) of the Energy Supply and Environmental Coordination Act of 1974 is amended— 15 USC 792, (1) in paragraph (1) thereof, by striking out "June 30, 1975" and inserting in lieu thereof "June 30, 1977", and by striking out "January 1, 1979" and inserting in lieu thereof "January 1, 1985"; and (2) in paragraph (2) thereof, by striking out "December 31, 1978" and inserting in lieu thereof "December 31, 1984", and by striking out "January 1, 1979" and inserting in lieu thereof "January 1, 1985". (b) Section 2(a) of such Act is amended to read as follows: "(a) The Federal Energy Administrator— "(1) shall, by order, prohibit any powerplant, and " (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the requirements of subsection (b) are met and if (A) the Federal Energy Administrator determines such powerplant or installation on June 22, 1974, had, or thereafter acquires or is designed with, the capability and necessary plant equipment to burn coal, or (B) such powerplant or installation is required to meet a design or construction requirement under subsection (c)." (c) Section 2(c) of such Act is amended by inserting "or other major fuel burning installation" after "powerplant" wherever it appears and by inserting "in the case of a powerplant" after " (1) " in the second sentence.

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 89 STAT. 876

PUBLIC LAW 94-163—DEC. 22, 1975 INCENTIVES TO DEVELOP UNDERGROUND COAL M I N E S

Loan guarantees. 42 USC 6211.

SEC. 102. (a) The Administrator may, in accordance with subsection (b) and rules prescribed under subsection (d), guarantee loans made to eligible persons described in subsection (c)(1) for the purpose of develojjing new underground coal mines. (b)(1) A person may receive for a loan guarantee under subsection (a) only if the Administrator determines that— (A) such person is capable of successfully developing and operating the mine with respect to which the loan guarantee is sought; (B) such person has provided adequate assurance that the mine will be constructed and operated in compliance with the provisions 30 USC 801 note. of the Federal Coal Mine Health and Safety Act and that no final judgment holding such person liable for any fine or penalty under such Act is unsatisfied; (C) there is a reasonable prospect of repayment of the guaranteed loan; (D) such person has obtained a contract, of at least the duration of the period during which the loan is required to be repaid, for the sale or resale of coal to be produced from such mine to a person who the Administrator of the Environmental Protection Agency certifies will be able to burn such coal in compliance with all 42 USC 1857 applicable requirements of the Clean A i r Act, and of any applinote. cable implementation plan (as defined in section 110 of such Act); 42 USC 1857C-5. (E) the loan will be adequately secured; (F) such person w'ould be unable to obtain adequate financing without such g u a r a n t e e; (G) the guaranteeing of a loan to such person will enhance competition or encourage new market entry; and (H) such person has adequate coal reserves to cover contractual commitments described in subparagraph (D). Limitation. (2) The total amount of guarantees issued to any person (including all persons affiliated with such person) may not exceed $30,000,000. The amount of a guarantee issued with respect to any loan may not exceed 80 percent of the lesser of (A) the principal balance of the loan or, (B) the cost of developing such new underground coal mine. (3) The aggregate outstanding principal amount of loans which are guaranteed under this section may not at any time exceed $750,000,000. Not more than 20 percent of the amount of guarantees issued under this section in any fiscal year may be issued with respect to loans for the purpose of opening new underground coal mines which produce coal which is not low sulfur coal. (c) For purposes of this section— (1) A person shall be considered eligible for a guarantee under this section if such person (together with all persons affiliated with such person) — (A) did not produce more than 1,000,000 tons of coal in the calendar year preceding the year in which he makes application for a loan guarantee under this section; (B) did not produce more than 300,000 barrels of crude oil or own an oil refinery in such preceding calendar year; and (C) did not have gross revenues in excess of $50,000,000 in such calendar year. (2) A person is affiliated with another person if he controls, is controlled by, or is under common control with such other person, as such term may be further defined by rule by the Administrator.

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 PUBLIC LAW 94-163—DEC. 22, 1975 (3) The term "low sulfur coal" means coal which, in a quantity necessary to produce one million British thermal units, does not contain sulfur or sulfur compounds the elemental sulfur content of which exceeds 0.6 pound. Sulfur content shall be determined after the application of any coal preparation process which takes place before sale of the coal by the producer. (d) The Administrator shall prescribe such regulations as may be necessary or appropriate to carry out this section. Such rules shall require that each application for a guarantee under this section shall be made in writing to the Administrator in such form and with such content and other submissions as the Administrator shall require, in order reasonably to protect the interests of the United States. Each guarantee shall be issued in accordance with subsections (a) through (c),and— (1) under such terms and conditions as the Administrator, in consultation with the Secretary of the Treasury, considers appropriate; (2) with such provisions wath respect to the date of issue of such guarantee as the Administrator, with the concurrence of the Secretary of the Treasury, considers appropriate, except that the required concurrence of the Secretary of the Treasury may not, without the consent of the Administrator, result in a delay in the issuance of such guarantee for more than 60 days; and (3) in such form as the Administrator considers appropriate. (e) Each person who receives a loan guarantee under this section shall keep such records as the Admini..trator or the Secretary of the Treasury shall require, including records which fully disclose the total cost of the project for which a loan is guaranteed under this section and such other records as the Administrator or the Secretary of the Treasury determines necessary to facilitate an effective audit and performance evaluation. The Administrator, the Secretary of the Treasury, ai.d the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any pertinent books, documents, papers, and records of any person who receives a loan guarantee under this section.

89 STAT. 877 "Low sulfur ^oal."

Regulations,

Recordkeeping,

Access and audit.

DOMESTIC USE O r ENERGY SUPPLIES AND RELATED MATERIALS AND EQUIPMENT

SEC. 103. (a) The President may, by rule, under such terms and Export conditions as he determines to be appropriate and necessary to carry restrictions. 42 USC 6212. out the purposes of this Act, restrict exports of— (1) coal, petroleum products, natural gas, or petrochemical feedstocks, and (2) supplies of materials or equipment which he determines to be necessary (A) to maintain or further exploration, production, refining, or transportation of energy supplies, or (B) for the construction or maintenance of energy facilities within the United States. (b)(1) The President shall exercise the authority provided for in Exemption, subsection (a) to promulgate a rule prohibiting the export of crude oil and natural gas produced in the United States, except that the President may, pursuant to paragraph (2), exempt from such prohibition such crude oil or natural gas exports which he determines to be consistent with the national interest and the purposes of this Act.

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