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TITLE VI—AMENDMENTS TO BUDGET AND ACCOUNTING ACT, 1921 MATTERS TO BE INCLUDED IN PRESIDENT'S BUDGET

SEC. 601. Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by adding at the end thereof the following new subsections: " (d) The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth separately the items enumerated in section 301(a)(l) - (5) of the Congressional Budget Act of 1974. ^"'^' P- 306. "(e) The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth the levels of tax expenditures under existing law for such fiscal year (the tax expenditure budget), taking into account projected economic factors, and any changes in such existing levels based on proposals contained in such Budget, For purposes of this subsection, the terms 'tax expenditures' and 'tax expenditures budget' have the meanings given to them by section 3(a)(3) of the Congressional Budget Act of 1974. ^"'e- P. 299. "(f) The Budget transmitted pursuant to subsection (a) for each fiscal year shall contain— "(1) a comparison, for the last completed fiscal year, of the total amount of outlays estimated in the Budget transmitted pursuant to subsection (a) for each major program involving uncontrollable or relatively uncontrollable outlays and the total amount of outlays made under each such major program during such fiscal year; "(2) a comparison, for the last completed fiscal year, of the total amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the total amount of revenues received during such year, and, with respect to each major revenue source, the amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the amount of revenues received during such year; and " (3) an analysis and explanation of the difference between each amount set forth pursuant to paragraphs (1) and (2) as the amount of outlays or revenues estimated in the Budget submitted under subsection (a) for such fiscal year and the corresponding amount set forth as the amount of outlays made or revenues received during such fiscal year. " (g) The President shall transmit to the Congress, on or before Zlem^nt^^^tTlns-. April 10 and July 15 of each year, a statement of all amendments to or mittai to conrevisions in the budget authority requested, the estimated outlays, and g'-ess. the estimated receipts for the ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) (including any previous amendments or revisions proposed on behalf of the executive branch) that he deems necessary and appropriate based on the most current information available. Such statement shall contain the effect of such amendments and revisions on the summary data submitted under subsection (a) and shall include such supporting detail as is practicable. The statement transmitted on or before July 15 of any year may be included in the supplemental summary required to be transmitted under subsection (b) during such year. The Budget transmitted to the Congress pursuant to subsection (a) for any fiscal year, or the supporting detail transmitted in connection therewith, shall include a statement of all such amendments and revisions with respect to the fiscal year in progress made before the date of transmission of such Budget.

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" (h) The Budget transmitted pursuant to subsection (a) for each fiscal year shall include information with respect to estimates of appropriations for the next succeeding fiscal year for grants, contracts, or other payments under any program for which there is an authorization of appropriations for such succeeding fiscal year and such appropriations are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year in which the appropriation is to be available for obligation. "(i) The Budget transmitted pursuant to subsection (a) for each fiscal year, beginning with the fiscal year ending September 30, 1979, shall contain a presentation of budget authority, proposed budget authority, outlays, proposed outlays, and descriptive information in terms of— "(1) a detailed structure of national needs which shall be used to reference all agency missions and programs; "(2) agency missions; and •'(3) basic programs. To the extent practicable, each agency shall furnish information in support of its budget requests in accordance with its assigned missions in terms of Federal functions and subfunctions, including mission responsibilities of component organizations, and shall relate its programs to agency missions." MIDYEAR KEVIEW

SEC. 602. Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by striking out "on or before June 1 of each year, beginning with 1972" and inserting in lieu thereof "on or before July 15 of each year". r i V E - Y E A R BUDGET P R O J E C T I O N S

SEC. 603. Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended— (1) by inserting after "ensuing fiscal year" in paragraph (5) "and projections for the four fiscal years immediately following the ensuing fiscal year"; (2) by striking out "such year" in paragraph (5) and inserting in lieu thereof "such years"; and (3) by inserting after "ensuing fiscal year" in paragraph (6) "and projections for the four fiscal years immediately following the ensuing fiscal year". ALLOWANCES FOR S U P P L E M E N T A L BUDGET AUTHORITY AND UNCONTROLLABLE OUTLAYS

! 1 '•'

SEC. 604. Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is further amended— (1) by striking out "and" at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(13) an allowance for additional estimated expenditures and proposed appropriations for the ensuing fiscal year, and an allowance for unanticipated uncontrollable expenditures for the ensuing fiscal year."

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BUDGET DATA BASED ON C O N T I N U A T I O N OF E X I S T I N G LEVEL OF SERVICES

SEC. 605. (a) On or before November 10 of each year (beginning with 1975), the President shall submit to the Senate and the House of Representatives the estimated outlays and proposed budget authority which would be included in the Budget to be submitted pursuant to section 201 of the Budget and Accounting Act, 1921, for the ensuing fiscal year if all programs and activities were carried on during such ensuing fiscal year at the same level as the fiscal year in progress and without policy changes in such programs and activities. The estimated outlays and proposed budget authority submitted pursuant to this section shall be shown by function and sub functions (in accordance with the classifications in the budget summary table entitled "Budget Authority and Outlays by Function and Agency"), by major programs within each such function, and by agency. Acompanying these estimates shall be the economic and programmatic assumptions underlying the estimated outlays and proposed budget authority, such as the rate of inflation, the rate of real economic growth, the unemployment rate, program caseloads, and pay increases. (b) The Joint Economic Committee shall review the estimated outlays and proposed budget authority so submitted, and shall submit to the Committees on the Budget of both Houses an economic evaluation thereof on or before December 31 of each year.

Estimated outlays and proposed budget authority; submittal to Congress by P r e s i dent. 31 USC 11a. Ante, p. 324.

Evaluation, submittal to Budget Committees.

STUDY OF OFF-BUDGET AGENCIES

SEC. 606. The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis those provisions of law which exempt agencies of the Federal Government, or any of their activities or outlays, from inclusion in the Budget of the United States Government transmitted by the President under section 201 of the Budget and Accounting Act, 1921. Each committee shall, from time to time, report to its House its recommendations for terminating or modifying such provisions.

31 USC l i b.

Periodic r e ports to Congres

T E A R - A H E A D REQUESTS FOR AUTHORIZATION OF N E W BUDGET AUTHORITY

SEC. 607. Notwithstanding any other provision of law, any request for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing October 1, 1976) shall be submitted to the Congress not later than May 15 of the year preceding the year in which such fiscal year begins. In the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year, such request shall be submitted for at least the first 2 fiscal years.

31 USC

lie.

TITLE VII—PROGRAM REVIEW AND EVALUATION REVIEW AND EVALUATION BY STANDING

COMMITTEES

SEC. 701. Section 136(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190d) is amended by adding at the end thereof the following new sentences: "Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time."

Report to 'ongress.

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REVIEW AND EVALUATION BY THE COMPTROLLER GENERAL

SEC. 702. (a) Section 204 of the Legislative Reorganization Act of 1970 (31 U.S.C. 1154) is amended to read as follows: " R E VI E W A N D EVALUATION

Copies.

graRevliwTnd Evaluation. Establishment.

"SEC. 204. (a) The Comptroller General shall review and evaluate the results of Government programs and activities carried on under existing law when ordered by either House of Congress, or upon his own initiative, or when requested by any committee of the House of Representatives or the Senate, or any joint committee of the two Houses, having jurisdiction over such programs and activities. " (b) The Comptroller General, upon request of any committee of either House or any joint committee of the two Houses, shall— "(1) assist such committee or joint committee in developing a statement of legislative objectives and goals and methods for assessing and reporting actual program performance in relation to such legislative objectives and goals. Such statements shall include, but are not limited to, recommendations as to methods of assessment, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and " (2) assist such committee or joint committee in analyzing and assessing program reviews or evaluation studies prepared by and for any Federal agency. Upon request of any Member of either House, the Comptroller General shall furnish to such Member a copy of any statement or other material compiled in carrying out paragraphs (1) and (2) which has been released by the committee or joint committee for which it was compiled. " (c) The Comptroller General shall develop and recommend to the Congress methods for review and evaluation of Government programs and activities carried on under existing law. "(<!) ^^ Carrying out his responsibilities under this section, the Comptroller General is authorized to establish an Office of Program Review aud Evaluation within the General Accounting Office. The Comptroller General is authorized to employ not to exceed ten experts on a permanent, temporary, or intermittent basis and to obtain services as authorized by section 3109 of title 5, United States Code, but in either case at a rate (or the daily equivalent) for individuals not to exceed that prescribed, from time to time, for level V of the Executive Schedule under section 5316 of title 5, United States Code. "(e) The Comptroller General shall include in his annual report to the Congress a review of his activities under this section, including his recommendations of methods for review and evaluation of Government programs and activities under subsection (c)." (b) Item 204 in the table of contents of such Act is amended to read as follows: "Sec. 204. Review and evaluation." CONTINUING STUDY OF ADDITIONAL BUDGET REFORM PROPOSALS

31 USC 1303.

SEC. 703. (a) The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budgetmaking. The proposals to be studied shall include, but are not limited to, proposals for—

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(1) improving the information base required for determining the effectiveness of new programs by such means as pilot testing, survey research, and other experimental and analytical techniques; (2) improving analytical and systematic evaluation of the effectivess of existing programs; (3) establishing maximum and minimum time limitations for program authorization; and (4) developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures. Periodic (b) The Committee on the Budget of each House shall, from time ports to C orneg-r e s s. to time, report to its House the results of the study carried on by it under subsection (a), together with its recommendations. (c) Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Representatives or the Senate or any joint committee of the Congress. TITLE VIII—FISCAL AND BUDGETARY AND CONTROLS

INFORMATION

AMENDMENT TO LEGISLATIVE REORGANIZATION ACT O F 1970

SEC. 801. (a) So much of title II of the Legislative Reorganization Act of 1970 (31 U.'S.C. chapter 22) as precedes section 204 thereof is amended to read as follows: "TITLE II—FISCAL AND BUDGETARY A N D CONTROLS

INFORMATION

" P A R T 1-—FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION " FEDERAL FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA A N D INFORMATION SYSTEMS

"SEC. 201. The Secretary of the Treasury and the Director of the 3i use iisi. Office of Management and Budget, in cooperation with the Comptroller General of the United States, shall develop, establish, and maintain, for use by all Federal agencies, standardized data processing and information systems for fiscal, budgetary, and program-related data and information. The development, establishment, and maintenance of such systems shall be carried out so as to meet the needs of the various branches of the Federal Government and, insofar as practicable, of governments at the State and local level. "STANDARDIZATION

OF T E R M I N O L O G Y, DEFINITIONS, CLASSIFICATIONS,

AND

CODES FOR FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA A N D INFORMATION

"SEC. 202. (a)(1) The Comptroller General of the United States, in ^i use iisa. cooperation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall develop, establish, maintain, and publish standard terminology, definitions, classifications, and codes for Federal fiscal, budgetary, and program-related data and information. The authority contained in this section shall include, but not be limited to, data and information pertaining to Federal fiscal policy, revenues,

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Report to Congress.

Additional reports to Congress; legislation recommendations.

Report to Congress.

Report to Congress.

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receipts, expenditures, functions, programs, projects, and activities. Such standard terms, definitions, classifications, and codes shall be used by all Federal agencies in supplying to the Congress fiscal, budgetary, and program-related data and information. "(2) The Comptroller General shall submit to the Congress, on or before June 30, 1975, a report containing the initial standard terminology, definitions, classifications, and codes referred to in paragraph (1), and shall recommend any legislation necessary to implement them. After June 30, 1975, the Comptroller General shall submit to the Congress additional reports as he may think advisable, including any recommendations for any legislation he may deem necessary to further the development, establishment, and maintenance, modification, and executive implementation of such standard terminology, definitions, classifications, and codes. "(b) In carrying out this responsibility, the Comptroller General of the United States shall give particular consideration to the needs of the Committees on the Budget of the House and Senate, the Committees on Appropriations of the House and Senate, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office. "(c) The Comptroller General of the United States shall conduct a continuing program to identify and specify the needs of the committees and Members of the Congress for fiscal, budgetary, and programrelated information to support the objectives of this part. " (d) The Comptroller General shall assist committees in developing their information needs, including such needs expressed in legislative requirements, and shall monitor the various recurring reporting requirements of the Congress and committees and make recommendations to the Congress and committees for changes and improvements in their reporting requirements to meet congressional information needs ascertained by the Comptroller General, to enhance their usefulness to the congressional users and to eliminate duplicative or unneeded reporting. "(e) On or before September 1, 1974, and each year thereafter, the Comptroller General shall report to the Congress on needs identified and specified under subsection (c); the relationship of these needs to the existing reporting requirements; the extent to which the executive branch reporting presently meets the identified needs; the specification of changes to standard classifications needed to meet congressional needs; the activities, progress and results of his activities under subsection (d); and the progress that the executive branch has made during the past year. "(f) On or before March 1, 1975, and each year thereafter, the Director of the Office of Management and Budget and the Secretary of the Treasury shall report to the Congress on their plans for addressing the needs identified and specified under subsection (c), including plans for implementing changes to classifications and codes to meet the information needs of the Congress as well as the status of prior year system and classification implementations. " A V A I L A B I L I T Y TO AND USE BY THE CONGRESS AND STATE A N D LOCAL GOVE R N M E N T S OF FEDERAL FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION

31 USC 1153.

"SEC. 203. (a) Upon request of any committee of either House, of any joint committee of the two Houses, of the Comptroller General, or of the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the heads of the various executive agencies shall—

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''(1) furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office information as to the location and nature of available fiscal, budgetary, and program-related data and information; •'(2) to the extent practicable, prepare summary tables of such data and information and any related information deemed necessary by such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office; and "(3) furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office any program evaluations conducted or commissioned by any executive agency. " (b) The Comptroller General, in cooperation with the Director of the Congressional Budget Office, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall— •'(1) develop, establish, and maintain an up-to-date inventory and directory of sources and information systems containing fiscal, budgetary, and program-related data and information and a brief description of their content; " (2) provide, upon request, assistance to committees, joint committees, and Members of Congress in securing Federal fiscal, budgetary, and program-related data and information from the sources identified in such inventory and directory; and "(3) furnish, upon request, assistance to committees and joint committees of Congress and, to the extent practicable, to Members of Congress in appraising and analyzing fiscal, budgetary, and program-related data and information secured from the sources identified in such inventory and directory, ''(c) The Comptroller General and the Director of the Congres- central data sional Budget Office shall, to the extent they deem necessary, develop, mem! ^^^ °^' establish, and maintain a central file or files of the data and information required to carry out the purposes of this title. Such a file or files shall be established to meet recurring requirements of the Congress for fiscal, budgetary, and program-related data and information and shall include, but not be limited to, data and information pertaining to budget requests, congressional authorizations to obligate and spend, apportionment and reserve actions, and obligations and expenditures. Such file or files and their indexes shall be maintained in such a manner as to facilitate their use by the committees of both Houses, joint committees, and other congressional agencies through modern data processing and communications techniques. " (d) The Director of the Office of Management and Budget, in sti"e°and'iocai° cooperation with the Director of the Congressional Budget Office, governments. the Comptroller General, and appropriate representatives of State and local governments, shall provide, to the extent practicable. State and local governments such fiscal, budgetary, and program-related data and information as may be necessary for the accurate and timely determination by these governments of the impact of Federal assistance upon their budgets." (b) The table of contents of the Legislative Reorganization Act of 1970 is amended by striking out— " TITLE II — F I S C A L CONTROLS '•PAKT 1—BUDGETARY AND F I S C A L INFORMATION AND D A T A

"Sec. 201. Budgetary and fiscal d a t a processing system. "Sec. 202. Budget standard classifications. "Sec. 203. Availability to Congress of budgetary, fiscal, and related d a t a. "

and inserting in lieu thereof—

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"TITLE II—FISCAL AND BUDGETARY INFORMATION AND CONTROLS "PAKT 1—^FISCAL, BUDGETAEY, AND PROGRAM-RELATED DATA AND INFORMATION

"Sec. 201. Federal fiscal, budgetary, and program-related data and information systems. "Sec. 202. Standardization of terminology, definitions, classifications, and codes for fiscal, budgetary, and program-related data and information. "Sec. 203. Availability to and use by the Congress and State and local governments of Federal fiscal, budgetary, and program-related data and information." C H A N G E S I N F U N C T I O N A L CATEGORIES 31 USC l i d. Ante,

p. 324.

SEC. 802. Any change in the functional categories set forth in the Budget of the United States Government transmitted pursuant to section 201 of the Budget and Accounting Act, 1921, shall be made only in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate. TITLE IX—MISCELLANEOUS PROVISIONS; EFFECTIVE DATES AMENDMENTS TO RULES OF THE H O U S E

Ante, p. 299.

SEC. 901. (a) Rule X I of the Rules of the House of Representatives ^^g amended by section 101(c) of this Act) is amended by inserting immediately after clause 22 the following new clause: "22A. The respective areas of legislative jurisdiction under this rule are modified by title I of the Congressional Budget Act of 1974." (b) Paragraph (c) of clause 29 of Rule X I of the Rules of the House of Representatives (as redesignated by section 101(c) of this Act) is amended by inserting "the Committee on the Budget," immediately after "the Committee on Appropriations,". (c) Subparagraph (6) of paragraph (a) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "and the Committee on the Budget" immediately before the period at the end thereof. (d) Subparagraph (4) of paragraph (b) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "and the Committee on the Budget" immediately before the period at the end hereof. (e) Paragraph (d) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by striking out "the Committee on Appropriations may appoint" and inserting in lieu thereof "the Committee on Appropriations and the Committee on the Budget may each appoint". (f) Clause 32 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "the Committee on the Budget," immediately after "the Committee on Appropriations,". (g) Paragraph (a) of clause 33 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "and the Committee on the Budget" immediately after "the Committee on Appropriations". CONFORMING AMENDMENTS TO STANDING RULES OF THE SENATE

SEC. 902. Paragraph 1 of rule X X V of the Standing Rules of the Senate is amended— (1) by striking out "Revenue" in subparagraph (h) l and inserting in lieu thereof "Except as provided in the Congressional Budget Act of 1974, revenue";

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 pair of limbs" are not employed for walking, but exclusively for burrowing. These limbs are terminated by four long, stiff, oval, or leaf-shaped lobes, jointed at their base to the leg, and capable of being opened and closed in a four-radiate manner. When it wishes to burrow these two limbs are sometimes alternately and sometimes simultaneously thrust backwards below the carapace quite beyond the hinder edge of the shell, and in the act of thrusting the lobes or plates on each leg encounter the sand, the resistance or pressure of which causes them to open and fill with sand, a load of which at every thrusting operation is pushed away from under the crab and deposited outside the carapace. The four plates then close, and are withdrawn closed, previously to being opened and charged with another load of sand, and at the deposit of every load the whole animal sinks deeper in its bed, till it is hidden all except the eyes. The great overarching shield of the carapace again prevents one from seeing whether this excavating work is being aided by the fanning motion of the branchial false feet, but I think such a fanning is going on, as I have seen signs of sand being driven out as if urged by a current of water.

Mr Lloyd thus describes the use of the tail spine in locomotion:

The animal having climbed up a rock in the aquarium till it has got near the top of the tank (which in Hamburg contained a depth of 30 inches of water), and having assumed a vertical position, it leaves go its hold on the rock and allows itself to fall back into the water; but its downward fall is instantly checked, and the creature propelled upwards by the powerful flapping of its false branchial feet, and when the impetus given by these appendages ceases the animal again sinks down, but is prevented from falling prone on the floor of the tank by alighting on the tip of its tail spine. The moment this happens, and before the creature has lost its balance on the spine, the false feet make another flap and give another impulse upwards and forwards; all this time the position of the carapace is slanting, the top inclining downwards at an angle of about 45°, the hinder shell being at another angle, and the tail spine hanging down vertically, and so it progresses by a combination of flapping and hopping till it reaches the limits of its tank and sinks to the ground. The Limulus was fond of thus going about at night, generally remaining on the sand all day.

Another use made of the tail spine was as a lever by means of which it righted itself when it fell off a rock on its back. The spine is then bent, its point is planted in the sand so that it makes an acute angle with the carapace, which is then so far raised that some of the feet are enabled to grasp a projecting surface, and the crab then turns over.


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(2) by striking out "The" in subparagraph (h)2 and inserting in lieu thereof "Except as provided in the Congressional Budget A c to f 1974, the"; and (3) by striking out "Budget" in subparagraph (j)(1)(A) and inserting in lieu thereof "Except as provided in the Congressional Budget Act of 1974, budget". AMENDMENTS TO LEGISLATIVE REORGANIZATION ACT OF

1946

SEC. 903. (a) Section 134(c) of the Legislative Keorganization Act of 1946 (2 U.S.C. 190b (b)) is amended by inserting "or the Committee on the Budget" after "Appropriations". (b) Section 136(c) of such Act (2 U.S.C. 190d(c)) is amended by striking out "Committee on Appropriations of the Senate and the Committees on Appropriations," and inserting in lieu thereof "Committees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget,". EXERCISE OF RULE M A K I N G

POWERS

SEC. 904. (a) The provisions of this title (except section 905) and of _3i use uoi titles I, III, and IV and the provisions of sections 606, 701, 703, and note. 1017 are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (b) Any provision of title III or IV may be waived or suspended Waiver. Ante, pp. 30(5, in the Senate by a majority vote of the Members voting, a quorum 31"^ being present, or by the unanimous consent of the Senate. (c) Appeals in the Senate from the decisions of the Chair relating A p p e a l s. to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. EFFECTIVE DATES

SEC. 905. (a) Except as provided in this section, the provisions of this Act shall take effect on the date of its enactment, (b) Title II (except section 201(a)), section 403, and section 502(c) shall take effect on the day on which the first Director of the Congressional Budget Office is appointed under section 201(a). (c) Except as provided in section 906, title III and section 402 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years, and section 401 shall take effect on the first day of the second regular session of the Ninety-fourth Congress. (d) The amendments to the Budget and Accounting Act, 1921, made by sections 601, 603, and 604 shall apply with respect to the fiscal year beginning on July 1, 1975, and succeeding fiscal years, except that section 201(g) of such Act (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years and section 201(i) of such Act (as added by section 601)

31 USC 1301 note.

^^„/^^^ ^

Ante,

p. 323.

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shall apply with respect to the fiscal year beginning on October 1, 1978, and succeeding fiscal years. The amendment to such Act made by section 602 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years. APPLICATION OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR 19 7 6 31 USC 1322 note.

Ante, 317. Ante,

pp. 306,

p. 304.

Impoundment Control Act of 1974.

SEC. 906. If the Committees on the Budget of the House of Representatives and the Senate both agree that it is feasible to report and act on a concurrent resolution on the budget referred to in section 301 (a), or to apply any provision of title III or section 401 or 402, for the fiscal year beginning on July 1, 1975, and submit reports of such agreement to their respective Houses, then to the extent and in the manner specified in such reports, the provisions so specified and section 202(f) shall apply with respect to such fiscal year. If any provision so specified contains a date, such reports shall also specify a substitute date. TITLE X — I M P O U N D M E N T CONTKOL PART A—GENERAL PROVISIONS DISCLAIMER

31 USC 1400.

SEC. 1001. Nothing contained in this Act, or in any amendments made by this Act, shall be construed as— (1) asserting or conceding the constitutional powers or limitations of either the Congress or the President; (2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect; (3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or (4) superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder. AMENDMENT TO A N T I D E F I C I E N C Y

Contingency or savings reserves, establishment.

ACT

SEC. 1002. Section '3679(c)(2) of the Revised Statutes, as amended (31 U.S.C. 665), is amended to read as follows: "(2) In apportioning any appropriation, reserves may be established solely to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements or greater efficiency of operations. Whenever it is determined by an officer designated in subsection (d) of this section to make apportionments and reapportionments that any amount so reserved will not be required to carry out the full objectives and scope of the appropriation concerned, he shall recommend the rescission of such amount in the manner provided in the Budget and Accounting Act, 1921, for estimates of appropriations. Except as specifically provided by particular appropriations Acts or other laws, no reserves shall be established other than as authorized by this subsection. Reserves established pursuant to this subsection shall be reported to the Congress in accordance with the Impoundment Control Act of 1974." REPEAL OF E X I S T I N G I M P O U N D M E N T REPORTING

PROVISION

SEC. 1003. Section 203 of the Budget and Accounting Procedures Act 31 USC 581C.1. of 1950 is repealed.

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 PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY

DEFINITIONS

Sec. 1011. For purposes of this part—

(1) "deferral of budget authority" includes—

(A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or

(B) any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;

(2) "Comptroller General" means the Comptroller General of the United States;

(3) "rescission bill" means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 1012, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President's message is received by the Congress;

(4) "impoundment resolution" means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 1013; and

(5) continuity of a session of the Congress shall be considered as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in paragraph (3) of this section and in section 1012, and the 25-day periods referred to in sections 1016 and 1017(b)(1). If a special message is transmitted under section 1012 during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 1012 (with respect to such message) shall commence on the day after such first day.

31 USC 1401,

Congressional session continuity.

31 USC 1402.

RESCISSION OF BUDGET AUTHORITY

SEC. 1012. (a) TRANSMITTAL OF SPECIAL MESSAGE.—Whenever the President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying—


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[88 STAT.

(1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons why the budget authority should be rescinded or is to be so reserved; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and (5) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided. (b)

REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.—Any

amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 4:5-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved. DISAPPROVAL OF PROPOSED DEFERRALS OF BUDGET AUTHORITY 31 USC 1403.

gj,^

1013. (a)

TRANSMITTAL OF SPECIAL MESSAGE.—Whenever the

President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying— (1) the amount of the budget authority proposed to be deferred; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved; (3) the period of time during which the budget authority is proposed to be deferred; (4) the reasons for the proposed deferral, including any legal authority invoked by him to justify the proposed deferral; (5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and (6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority and specific elements of legal authority invoked by him to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided. A special message may include one or more proposed deferrals of Time limitation, budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.

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 (b) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.—Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a), shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.

(c) EXCEPTION.—The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.

31 USC 1404.

TRANSMISSION OF MESSAGES; PUBLICATION

Sec. 1014. (a) DELIVERY TO HOUSE AND SENATE.—Each special message transmitted under section 1012 or 1013 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each House.

Printing as House or Senate document. Copy. Review.

(b) DELIVERY TO COMPTROLLER GENERAL.—A copy of each special message transmitted under section 1012 or 1013 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections 1012 and 1013, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect to—

(1) in the case of a special message transmitted under section 1012, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and

(2) in the case of a special message transmitted under section 1013, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.

Notification of Congress.

(c) TRANSMISSION or SUPPLEMENTARY MESSAGES.—If any information contained in a special message transmitted under section 1012 or 1013 is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a). The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.

(d) PRINTING IN FEDERAL REGISTER.—Any special message transmitted under section 1012 or 1013, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.

(e) CUMULATIVE REPORTS OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY.—

(1) The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—


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[88 STAT.

(A) he has transmitted a special message under section 1012 with respect to a proposed rescission or a reservation; and (B) he has transmitted a special message under section 1013 proposing a deferral. Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 1012 or 1013. (2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission. REPORTS BY COMPTROLLER GENERAL

31 USC 1405.

Report to Congress.

Report to Congress.

SEC. 1015.

(a)

FAILTJRE To TRANSMIT SPECIAL MESSAGE.—If

the

Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States— (1) is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 1012 or 1013; or (2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority; and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of this part shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 1012 or 1013, and, for purposes of this part, such report shall be considered a special message transmitted under section 1012 or 1013. (b) INCORRECT CLASSIFICATION or SPECIAL MESSAGE.—If the President has transmitted a special message to both Houses of Congress in accordance with section 1012 or 1013, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the Congress setting forth his reasons. SUITS BY COMPTROLLER GENERAL

31 USC 1406.

Precedence.

SEC. 1016. 'If, under section 1012(b) or 1013(b), budget authority is required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. The courts shall give precedence to civil actions brought under this section, and to appeals and writs from decisions in such

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 actions, over all other civil actions, appeals, and writs. No civil action shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.

Civil actions; 25-day waiting period. Statement, filing. 31 USC 1407.

procedure in house and senate

Sec. 1017. (a) Referral.—Any rescission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.

(b) Discharge of Committee.—

(1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.

(2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(c) Floor Consideration in the House.—

(1) When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

Debate, limitation.

(2) Debate on a rescission bill or impoundment resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a recission bill or impoundment resolution is agreed to or disagreed to.


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Appeals.

PUBLIC LAW 93-344-JULY 12, 1974

Conference r e ports.

STAT.

(3) Motions to postpone, made with respect to the consideration of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (d)

D e b a t e, time limitation.

[88

FLOOR CONSIDERATION I N THE SENATE.—

(1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (3) A motion to further limit debate is not debatable. I n the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. I n the case of an impoundment resolution, no amendment or motion to recommit is in order. (4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.

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 (5) During the consideration in the Senate of the conference report on any rescission bill, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.

(6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.

(7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.

Approved July 12, 1974.

Public Law 93-345 AN ACT

To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act.

July 12, 1974

^^-^^^y]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(a)(4) Smithsonian of the National Museum Act of 1966 (20 U.S.C. 65a) is amended by '"App^roprTation inserting immediately before the semicolon the following: ", with authorization. emphasis on museum conservation and the development of a national institute for museum conservation".

SEC. 2. Section 2(b) of such Act is amended to read as follows: " (b) There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this Act: Provided, That no more than $1,000,000 shall be appropriated annually through fiscal year 1977, of which no less than $200,000 annually shall be allocated and used to carry out the purposes of section 2(a)(4) of this Act.".

Approved July 12, 1974.


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Public Law 93-346 July 12, 1974 [S. J. R e s. 202]

Vice P r e s i d e n t of the United States. Official temporary r e s i d e n c e, designation. 3 USC 111 note.

3 USC 111 note.

Staffing and maintenance by Secretary of Navy. 3 USC 111 note. Appropriation. 3 USC 111 note.

e h i e f of Naval Operations, living accommodations. 3 USC H I note.

JOINT RESOLUTION

Designating the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, effective upon termination of service by the incumbent in the office of Chief of Naval Operations, Department of the Navy, the Government-owned house together with furnishings, associated grounds and related facilities which are and have been used as the residence of the Chief of Naval Operations, shall thenceforth be available for, and shall be designated as, the official temporary residence of the Vice President of the United States. SEC. 2. As in the case of the White House, the official temporary residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office. SEC. 3. The Secretary of the Navy shall, subject to the supervision and control of the Vice President, provide for the staffing, care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds of the Vice President. SEC. 4. There is hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the foregoing purposes. During any interim period until and before such funds are so appropriated, the Department of the Navy shall make provision for staffing and other appropriate services in connection with the official temporary residence of the Vice President, subject to reimbursement therefor Out of any contingency funds available to the Executive. SEC. 5. I t is the sense of Congress that living accommodations, generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations. Approved July 12, 1974. Public Law 93-347

July 12, 1974 [S.3458]

Food stamp and s p e c i a l milk programs.

eommodity distribution.

AN ACT To continue domestic food assistance programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (87 Stat. 221, as amended, 7 U.S.C. 612c note), is amended to read as follows: "SEC. 4. (a)(1) Notwithstanding any other provision of law, the Secretary of Agriculture shall until July 1, 1975, (i) use funds available under provisions of section 32 of Public Law 320, Seventy-fourth Congress, as amended (7 U.S.C. 612c), and not otherwise expended or necessary for such purposes to purchase, without regard to the provisions of existing law governing the expenditure of public funds, agricultural commodities and their products of the types customarily purchased under section 32 (which may include seafood commodities and their products) to maintain the traditional level of assistance for food assistance programs as are authorized by law, including but not lim-

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PUBLIC LAW 93-347-JULY 12, 1974

ited to distribution to needy families pending the transition to the food stamp program, institutions, supplemental feeding programs wherever located, disaster relief, summer camps for children, and the family commodity distribution program on Indian reservations not requesting a food stamp program, and (ii) if stocks of the Commodity Credit Corporation are not available, use the funds of the Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 to meet such requirements. "(2) Notwithstanding any other provision of law, the Secretary of Agriculture shall, during each of the two fiscal years beginning July 1, 1975, and ending June 30, 1977, purchase agricultural commodities and otherwise carry out the provisions of this subsection with funds appropriated from the general fund of the Treasury. There are hereby authorized to be appropriated such funds as may be necessary to carry out the provisions of this paragraph. Authority provided in this paragraph shall be carried out only with such funds as are appropriated from the general fund of the Treasury for that specific purpose, and in no event shall it be carried out with funds derived from permanent appropriations. "(3) Nothing in this subsection shall supersede the requirements of section 10(e) of the Food Stamp Act of 1964, as amended, except as to Indian reservations." SEC, 2. Section 15 of the Food Stamp Act of 1964, as amended, is amended by changing subsections (a) and (b) to read as follows: " (a) Except as otherwise provided in this section, each State shall be responsible for financing, from funds available to the State or political subdivision thereof, the costs of carrying out the administrative responsibilities assigned to it under the provisions of this Act. "(b) The Secretary is authorized to pay to each State agency an amount equal to 50 per centum of all administrative costs, including, but not limited to, the cost of (1) the certification of households; (2) the acceptance, storage, and protection of coupons after their delivery to receiving points within the States; (3) the issuance of such coupons to eligible households; (4) the outreach and fair hearing requirements of section 10 of this Act; and (5) the control and accounting of coupons: Provided, That each State shall, from time to time at the request of the Secretary, report to the Secretary on the effectiveness of its administration of the program and no such payment shall be made to any State unless the Secretary is satisfied pursuant to regulations which he shall issue that an adequate number of qualified personnel are employed by the State in the program to administer the program efficiently and effectively.". SEC. 3. Section 3 of the Child Nutrition Act of 1966, as amended (80 Stat. 885, as amended, 42 U.S.C. 1771-1786), is amended as follows: (a) The first sentence is amended by striking ", not to exceed $120,000,000," and inserting in lieu thereof "such sums as may be necessary". (b) Section 3 is further amended by adding at the end thereof the following: "For the fiscal year ending June 30, 1975, and for subsequent fiscal years, the minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions shall not be less than 5 cents per half-pint served to eligible children, and such minimum rate of reimbursement shall be adjusted on an annual basis each fiscal year thereafter, beginning with the fiscal year ending June 30, 1976, to reflect changes in the series of food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent.". Approved July 12, 1974. 38-194 O - 76 - 25 Pt. 1

7 USC 1431,

Appropriation.

7 USC 2019. 7 USC 2024. State financing of administrative costs.

Federal payments to States.

7 USC 2019.

Special milk program. 42 USC 1772.

Reimbursement, minimum r a t e.

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Public Law 93-348 July 12, 1974 [H. R. 7724]

National R e search Act. 42 USC 289/-1 note. National Research Service Award Act of 1974.

AN ACT To amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the "National Research Act". TITLE I—BIOMEDICAL AND BEHAVIORAL TRAINING

RESEARCH

SHORT TITLE

42 USC 289Z-1 note.

SEC. 101. This title may be cited as the "National Research Service Award Act of 1974". F I N D I N G S A N D DECLARATION OF PURPOSE

42 USC 289Z-1 note.

SEC. 102. (a) Congress finds and declares that— (1) the success and continued viability of the Federal biomedical and behavioral research effort depends on the availability of excellent scientists and a network of institutions of excellence capable of producing superior research personnel; (2) direct support of the training of scientists for careers in biomedical and behavioral research is an appropriate and necessary role for the Federal Government; and (3) graduate research assistance programs should be the key elements in the training programs of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration. (b) I t is the purpose of this title to increase the capability of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration to carry out their responsibility of maintaining a superior national program of research into the physical and mental diseases and impairments of man. BIOMEDICAL A N D BEHAVIORAL RESEARCH

Ante,

p. 135.

SEC. 103. The part H of the Public Health Service Act relating to the appointment of the Directors of the National Institutes of Health and the National Cancer Institute is redesignated as part I, section 461 of such part is redesignated as section 471, and such part is amended by adding at the end the following new sections: uNATIONAL

42 USC 289^-1.

TRAINING

RESEARCH SERVICE AWARDS

"SEC. 472. (a)(1) The Secretary shall— " (A) provide National Research Service Awards for— " (i) biomedical and behavioral research at the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration in matters relating to the cause, diagnosis, prevention, and treatment of the disease (or diseases) or other health problems to which the activities of the Institutes and Administration are directed, "(ii) training at the Institutes and Administration of individuals to undertake such research.

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"(iii) biomedical and behavioral research at non-Federal public institutions and at nonprofit private institutions, and "(iv) pre- and postdoctoral training at such public and private institutions of individuals to undertake such research; and " (B) make grants to non-Federal public institutions and to nonprofit private institutions to enable such institutions to make to individuals selected by them National Research Service Awards for research (and training to undertake such research) in the matters described in subparagraph (A)(i). A reference in this subsection to the National Institutes of Health or the Alcohol, Drug Abuse, and Mental Health Administration shall be considered to include the institutes, divisions, and bureaus included in the Institutes or under the Administration, as the case may be. "(2) National Research Service Awards may not be used to support residencies. "(3) Effective July 1, 1975, National Research Service Awards may be made for research or research training in only those subject areas for which, as determined under section 473, there is a need for personnel. " (b)(1) No National Research Service Award may be made by the Secretary to any individual unless— " (A) the individual has submitted to the Secretary an application therefor and the Secretary has approved the application; " (B) the individual provides, in such form and manner as the Secretary shall by regulation prescribe, assurances satisfactory to the Secretary that the individual will meet the service requirement of subsection (c)(1); and " (C) in the case of a National Research Service Award for a purpose described in subsection (a)(l)(A) ( i i i) or (a)(1)(A) (iv), the individual has been sponsored (in such manner as the Secretary may by regulation require) by the institution at which the research or training under the xVward will be conducted. An application for an Award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. "(2) The award of National Research Service Awards by the Secretary under subsection (a) and the making of grants for such Awards shall be subject to review and approval by the appropriate advisory councils to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration (A) whose activities relate to the research or training under the Awards, or (B) at which such research or training Avill be conducted. "(3) No grant may be made under subsection (a)(1)(B) unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this section other than paragraph (1) of this subsection, National Research Service Awards made under a grant under subsection (a)(1)(B) shall be made in accordance with such regulations as the Secretary shall prescribe. "(4) The period of any National Research Service Award made to any individual under subsection (a) may not exceed three years in the aggregate unless the Secretary for good cause shown waives the application of the three-year limit to such individual.

Non-Federal public and nonprofit private institutions, grants.

Prohibition.

Post,

p. 345.

Application.

Application approval.

Three-year limitation.

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 344 Stipends and allowances.

Health r e s e a r c h or t e a c h i n g, participation.

42 USC 1395mm, 42 U S C 3 0 0 e - l,

Health-related activities.

PUBLIC LAW 93-348-JULY 12, 1974

[88 STAT.

"(5) National Research Service Awards shall provide for such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the recipients of the Awards as the Secretary may deem necessary. A National Research Service Award made to an individual for research or research training at a nonFederal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs. " (c)(1)(A) Each individual who receives a National Research Service Award shall, in accordance with paragraph (8), engage in— " (i) health research or teaching, "(ii) if authorized under subparagraph (B), serve as a member of the National Health Service Corps or serve in his specialty, or "(iii) if authorized under subparagraph (C), serve in a health related activity approved under that subparagraph, for a period computed in accordance with paragraph (2). " (B) Any individual who received a National Research Service Award and who is a physician, dentist, nurse, or other individual trained to provide health care directly to individual patients may, upon application to the Secretary, be authorized by the Secretary to— "fi) serve as a member of the National Health Service Corps, "(ii) serve in his specialty in private practice in a geographic area designated by the Secretary as requiring that specialty, or "(iii) provides services in his specialty for a health maintenance organization to which payments may be made under section 1876 of title X VIII of the Social Security Act and which serves a medically underserved population (as defined in section 1302(7) of this Act), in lieu of engaging in health research or teaching if the Secretary determines that there are no suitable health research or teaching positions available to such individual. " (C) Where appropriate the Secretary may, upon application, authorize a recipient of a National Research Service Award, who is not trained to provide health care directly to individual patients, to engage in a health-related activity in lieu of engaging in health research or teaching if the Secretary determines that thorc are no suitable health research or teaching positions available to such individual. "(2) For each year for which an individual receives a National Research Service Award he shall— " (A) for twelve months engage in health research or teaching or, if so authorized, serve as a member of the National Health Service Corps, or " (B) if authorized under paragraph (1)(B) o r (l)(C), for twenty months serve in his specialty or engage in a health-related activity. "(3) The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual's Award, as the Secretary shall by regulation prescribe. The Secretary shall (A) by regulation prescribe (i) the type of research and teaching which an individual may engage in to comply with such requirement, and (ii)

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such other requirements respecting such research and teaching and alternative service authorized under paragraphs (1)(B) and (1)(C) as he deems necessary; and (B) to the extent feasible, provide that the members of the National Health Service Corps who are serving in the Corps to meet the requirement of paragraph (1) shall be assigned to patient care and to positions which utilize the clinical training and experience of the members. "(4)(A) If any individual to whom the requirement of paragraph (1) is applicable fails, withm the period prescribed by paragraph (t>), to comply with such requirement, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula—

in which 'A' is the amount the United States is entitled to recover; '(/>' is the sum of the total amount paid under one or more National Research Service Awards to such individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing at the time each Award to such individual was made; 't' is the total number of months in such individual's service obligation; and 's' is the number of months of such obligation served by him in accordance with paragraphs (1) and (2) of this subsection. " (B) Any amount which the United States is entitled to recover under subparagraph (A) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until any amount due the United States under subparagraph (A) on account of any National Research Service Award is paid, there shall accrue to the United States interest on such amount at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States. "(4)(A) Any obligation of any individual under paragraph (3) shall be canceled upon the death of such individual. ' ' (B) The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve extreme hardship to such individual and if enforcement of such obligation with respect to any individual would be against equity and good conscience. " (d) There are authorized to be appropriated to make payments under National Research Service Awards and under grants for such Awards $207,947,000 for the fiscal year ending June 30, 1975. Of the sums appropriated under this subsection, not less than 25 per centum shall be made available for payments under National Research Service Awards provided by the Secretary under subsection (a)(1)(A).

345

Noncompliance,

cancination^' waiver or suspen^'°"-

Appropriation.

" S T U D I E S RESPECTING BIOMEDICAL AND BEHAVIORAL RESEARCH P E R S O N N E L

"SEC. 473. (a) The Secretary shall, in accordance with subsection (b), arrange for the conduct of a continuing study to— " (1) establish (A) the Nation's overall need for biomedical and behavioral research personnel, (B) the subject areas in which such personnel are needed and the number of such personnel needed in each such area, and (C) the kinds and extent of training which should be provided such personnel;

42 USC 289i-2.

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Report to congressional committees.

PUBLIC LAW 93-34S-JULY 12, 1974

[88

STAT.

"(2) assess (A) current training programs available for the training of biomedical and behavioral research personnel which are conducted under this Act at or through institutes under the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration, and (B) other current training programs available for the training of such personnel; "(3) identify the kinds of research positions available to and held by individuals completing such programs; "(4) determine, to the extent feasible, whether the programs referred to in clause (B) of paragraph (2) would be adequate to meet the needs established under paragraph (1) if the programs referred to in clause (A) of paragraph (2) were terminated; and "(5) determine what modifications in the programs referred to in paragraph (2) are required to meet the needs established under paragraph (1). " (b)(1) The Secretary shall rec^uest the National Academy of Sciences to conduct the study required by subsection (a) under an arrangement under which the actual expenses incurred by such Academy in conducting such study will be paid by the Secretary, If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such study. "(2) If the National Academy of Sciences is unwilling to conduct such study under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such study and prepare and submit the reports thereon as provided in subsection (c). "(c) A report on the results of such study shall be submitted by the Secretary to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate not later than March 31 of each year." CONFORMING AMENDMENTS

42 USC 241.

Clinical training and instruction. 42 USC 242a.

42 USC 282.

42 USC 286a.

SEC. 104. (a)(1) Section 301 of the Public Health Service Act i& amended (A) by striking out paragraph (c); (B) by striking out in paragraph (d) "or research training" each place it occurs, "and research training programs", and "and research training program"; and (C) by redesignating paragraphs (d), (e), (f), (g), (h), and (i) as paragraphs (c), (d), (e), (f), (g), and (h), respectively. (2)(A) Section 303(a)(1) of such Act is amended to read as follows: "(1) to provide clinical training and instruction and to establish and maintain clinical traineeships (with such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees as the Secretary may deem necessary);". (B) Section 303(b) of such Act is amended by inserting before the first sentence the following: "The Secretar;^ may provide for training, instruction, and traineeships under subsection (a)(1) througn grants to public and other nonprofit institutions.". (3) Section 402(a) of such Act is amended (A) by striking out "training and instruction" in paragraph (3) and inserting in lieu thereof "clinical training and instruction", and (B) by striking out paragraph (4) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (4) Section 407(b)(7) of such Act is amended (A) by striking out

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PUBLIC LAW 93-348-JULY 12, 1974

"and basic research and treatment", and (B) by striking out "where appropriate". (5) Section 408(b)(3) of such Act is amended by inserting "clinical" before "training" each place it occurs. (6) Section 412(7) of such Act is amended by striking out "(1) establish and maintain" and all that follows down through and including "maintain traineeships" and inserting in lieu thereof ", provide clinical training and instruction and establish and maintain clinical traineeships". (7) Section 413(a)(7) is amended by inserting "clinical" before "programs". (8) Section 415(b) is amended by inserting before the period at the end of the last sentence thereof the following: "; and the term 'training' does not include research training for which fellowship support may be provided under section 472". (9) Section 422 of such Act is amended (A) by striking out paragraph (c) and by redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), and (e), respectively, and (B) by striking out "training and instruction and establish and maintain traineeships" in paragraph (e) (as so redesignated) and inserting in lieu thereof "clinical training and instruction and establish and maintain clinical traineeships". (10) Section 434(c)(2) of such Act is amended by inserting " (other than research training for which National Research Service Awards may be made under section 472)" after "training" the first time it occurs. (11) Sections 433(a), 444, and 453 of such Act are each amended by striking out the second sentence thereof. (12) The heading for part I of title IV of such Act (as so redesignated by section 103) is amended by striking out "ADMINISTRATIVE" and inserting in lieu thereof "GENERAL." (b) The amendments made by subsection (a) shall not apply with respect to commitments made before the date of the enactment of this Act by the Secretary of Health, Education, and Welfare for research training under the provisions of the Public Health Service Act amended or repealed by subsection (a).

42 USC 286b. 42 USC 287a.

42 USC 287b. 42 USC 287d.

42 USC 288a.

42 USC 289C-1.

42 USC 289c, 289g, 289k. Ante, p. 342. 42 USC 241 note.

SEX DISCRIMINATION

SEC. 105. Section 799A of the Public Health Service Act is amended by adding at the end thereof the following: " I n the case of a school of medicine which— "(1) on the date of the enactment of this sentence is in the process of changing its status as an institution which admits only female students to that of an institution which admits students without regard to their sex, and "(2) is carrying out such change in accordance with a plan approved by the Secretary, the provisions of the preceding sentences of this section shall apply only with respect to a grant, contract, loan guarantee, or interest subsidy to, or for the benefit of such a school for a fiscal year beginning after June 30, 1979."

^2 USC 295h-9.

FINANCIAL DISTRESS GRANTS

SEC. 106. Section 773(a) of the Public Health Service Act is amended (1) by striking out "$10,000,000" and inserting in lieu thereof "$15,000,000", and (2) by striking out "1972" each place it occurs in the last sentence thereof and inserting in lieu thereof "1974".

42 USC 295f-3,

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[88 STAT.

TITLE II—PROTECTION OF HUMAN SUBJECTS OF B I O M E D I C A L AND B E H A VI O R A L R E S E A R C H PART A—NATIONAL COMMISSION FOR THE PROTECTION OF H U M A N SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH ESTABLISHMENT OF COMMISSION 42 USC 289/-1 note.

Membership.

Term.

Compensation.

5 USC 5332 note.

Travel expenses.

Chairman. Personnel. 5 USC 101 et seq. 5 USC 5101, 5331, 5332 note.

SEC. 201. (a) There is established a Commission to be known as the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (hereinafter in this title referred to as the "Commission"). (b)(1) The Commission shall be composed of eleven members appointed by the Secretary of Health, Education, and Welfare (hereinafter in this title referred to as the "Secretary"). The Secretary shall select members of the Commission from individuals distinguished in the fields of medicine, law, ethics, theology, the biological, physical, behavioral and social sciences, philosophy, humanities, health administration, government, and public affairs; but five (and not more than five) of the members of the Commission shall be individuals who are or who have been engaged in biomedical or behavioral research involving human subjects. In appointing members of the Commission, the Secretary shall give consideration to recommendations from the National Academy of Sciences and other appropriate entities. Members of the Commission shall be appointed for the life of the Commission. The Secretary shall appoint the members of the Commission within sixty days of the date of the enactment of this Act. (2)(A) Except as provided in subparagraph (B)„members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of the basic pay in effect for ^rade GS-18 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of the duties of the Commission. (B) Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the Commission. (C) While away from their homes or regular places of business in the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. (c) The chairman of the Commission shall be selected by the members of the Commission from among their number. (d)(1) The Commission may appoint and fix the pay of such staff personnel as it deems desirable. Such personnel shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (2) The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule.

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349

COMMISSION DUTIES 42 USC 289M SEC. 202. (a) The Commissioii shall carry out the following: note. (1)(A) The Commission shall (i) conduct a comprehensive investi- Research ingation and study to identify the basic ethical principles which should volving human subjects, study; underlie the conduct of biomedical and behavioral research involving guideline develophuman subjects, (ii) develop guidelines which should be followed in ment. such research to assure that it is conducted in accordance with such principles, and (iii) make recommendations to the Secretary (I) for such administrative action as may be appropriate to apply such guidelines to biomedical and behavioral research conducted or supported under programs administered by the Secretary, and ( II) concerning any other matter pertaining to the protection of human subjects of biomedical and behavioral research. (B) I n carrying out subparagraph (A), the Commission shall consider at least the following: (i) The boundaries between biomedical or behavioral research involving human subjects and the accepted and routine practice of medicine. (ii) The role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects. (iii) Appropriate guidelines for the selection of human subjects for participation in biomedical and behavioral research. (iv) The nature and definition of informed consent in various research settings. (v) Mechanisms for evaluating and monitoring the performance of Institutional Review Boards established in accordance with section 474 of the Public Health Service Act and appropriate Post, p. 352. enforcement mechanisms for carrying out their decisions. (C) The Commission shall consider the appropriateness of applying the principles and guidelines identified and developed under subparagraph (A) to the delivery of health services to patients under programs conducted or supported by the Secretary. Consent re(2) The Commission shall identify the requirements for informed quirements. consent to participation in biomedical and behavioral research by children, prisoners, and the institutionalized mentally infirm. The Commission shall investigate and study biomedical and behavioral research conducted or supported under programs administered by the Secretary and involving children, prisoners, and the institutionalized mentally infirm to determine the nature of the consent obtained from such persons or their legal representatives before such persons were involved in such research; the adequacy of the information given them respecting the nature and purpose of the research, procedures to be used, risks and discomforts, anticipated benefits from the research, and other matters necessary for informed consent; and the competence and the freedom of the persons to make a choice for or against involvement in such research. On the basis of such investigation and study the Commission shall make such recommendations to the Secretary as it determines appropriate to assure that biomedical and behavioral research conducted or supported under programs administered by him meets the requirements respecting informed consent identified by the Commission. For purposes of this paragraph, the term "children" means Definitions. individuals who have not attained the legal age of consent to participate in research as determined under the applicable law of the jurisdiction in which the research is to be conducted; the term "prisoner" means individuals involuntarily confined in correctional institutions or facilities (as defined in section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781)); and the term "institutionalized mentally infirm" includes individuals who are mentally

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Protection mechanism, study.

Living fetus research, study.

Psychosurgery usage, study.

Definition.

Recommendations to Congress.

Post, p. 351.

PUBLIC LAW 93-348-JULY 12, 1974

[88

STAT.

ill, mentally retarded, emotionally disturbed, psychotic, or senile, or who have other impairments of a similar nature and who reside as patients in an institution. (3) The Commission shall conduct an investigation and study to determine the need for a mechanism to assure that human subjects in biomedical and behavioral research not subject to regulation by the Secretary are protected. If the Commission determines that such a mechanism is needed, it shall develop and recommend to the Congress such a mechanism. The Commission may contract for the design of such a mechanism to be included in such recommendations. (b) The Commission shall conduct an investigation and study of the nature and extent of research involving living fetuses, the purposes for which such research has been undertaken, and alternative means for achieving such purposes. The Commission shall, not later than the expiration of the i-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office, recommend to the Secretary policies defining the circumstances (if any) under which such research may be conducted or supported. (c) The Commission shall conduct an investigation and study of the use of psychosurgery in the United States during the five-year period ending December 31, 1972. The Commission shall determine the appropriateness of its use, evaluate the need for it, and recommend to the Secretary policies defining the circumstances (if any) under which its use may be appropriate. For purposes of this paragraph, the term "psychosurgery" means brain surgery on (1) normal brain tissue of an individual, who does not suffer from any physical disease, for the purpose of changing or controlling the behavior or emotions of such individual, or (2) diseased brain tissue of an individual, if the sole object of the performance of such surgery is to control, change, or affect any behavioral or emotional disturbance of such individual. Such term does not include brain surgery designed to cure or ameliorate the effects of epilepsy and electric shock treatments. (d) The Commission shall make recommendations to the Congress respecting the functions and authority of the National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research to be established under section 217(f) of the Public Health Service Act. SPECIAL STUDY

42 USC 289/-1 note.

SEC. 203. The Commission shall undertake a comprehensive study of the ethical, social, and legal implications of advances in biomedical and behavioral research and technology. Such study shall include— (1) an analysis and evaluation of scientific and technological advances in past, present, and projected biomedical and behavioral research and services; (2) an analysis and evaluation of the implications of such advances, both for individuals and for society; (3) an analysis and evaluation of laws and moral and ethical principles governing the use of technology in medical practice: (4) an analysis and evaluation of public understanding of and attitudes toward such implications and laws and principles; and (5) an analysis and evaluation of implications for public policy of such findings as are made by the Commission with respect to advances in biomedical and behavioral research and technology and public attitudes toward such advances.

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