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

90 STAT. 165

System ( A W A C S) aircraft, and in addition, $24,300,000 which shall be derived by transfer from "Aircraft procurement. A i r Force, 1975/ 1977", to remain available for obligation until September 30, 1978. For "Aircraft procurement, A i r For c e " for the period July 1, 1976, through September 30, 1976; $818,400,000, to remain available for obligation until September 30, 1978. M I S S I L E PROCUREMENT, A I R

FORCE

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and t r a i n i n g devices; expansion of public and private plants. Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to the approval of title as required by section 355, Revised Statutes, as amended; 40 USC 255. reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of t h i n g s; $1,723,900,000, to remain available for obligation until September 30, 1978. For "Missile procurement, A i r For c e " for the period July 1, 1976, through September 30, 1976; $233,000,000, to remain available for obligation until September 30, 1978. OTHER PROCUREMENT, A I R FORCE

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare part s therefor, not otherwise provided for; the purchase of not to exceed six hundred and twelve passenger motor vehicles for replacement only; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land without regard to section 9774 of title 10, United States Code, for the foregoing purposes, and such lands and interests therein may be acquired, and construction prosecuted thereon p r i o r to the approval of title as required by section 355, Revised Statutes, as amended; reserve plant and Government and contractorowned equipment l a y a w a y; $2,046,400,000, to remain available for obligation until September 30, 1978. For " Other procurement. A i r For c e " for the period July 1, 1976, through September 30, 1976; $353,000,000, to remain available for obligation until September 30, 1978. PROCUREMENT, D E F E N S E AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency) necessary for procurement, production, and modification of equipment, supplies, materials, and spare part s therefor, not otherwise provided for; purchase of five hundred and four passenger motor vehicles for replacement only; expansion of public and private plants, equipment and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such

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Page:United States Statutes at Large Volume 90 Part 1.djvu/216

 90 STAT. 166

40 USC 255. Angola, funds, limitation.

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

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lands and interests therein, may be acquired, and construction prosecuted thereon p r i o r to the approval of title as required by section 355, Revised Statutes, as amended; reserve p l a n t and Government and contractor-owned equipment lay a w a y; $205,600,000, none of which, nor any other funds appropriated in this Act may be used for any activities involving Angola other than intelligence gathering, and which funds are to remain available for obligation until September 30, 1978. For "Procurement, Defense agencies" for the period July 1, 1976, through September 30, 1976; $39,600,000, including purchase of not to exceed seven passenger motor vehicles for replacement only; to remain available for obligation until September 30, 1978. TITLE V RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION,

ARMY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $1,948,823,000, to remain available for obligation until September 30, 1977. For "Research, development, test, and evaluation, Army " for the period July 1, 1976, through September 30, 1976; $504,452,000, to remain available for obligation until September 30, 1977. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenai^.ce, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,238,390,000, to remain available for obligation until September 30, 1977. For "Research, development, test, and evaluation. Navy " for the period July 1, 1976, through September 30, 1976; $818,722,000, to remain available for obligation until September 30, 1977. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, A I R FORCE

For expenses necessary for basic and applied scientific research, development, test, and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $3,591,266,000, to remain available for obligation until September 30, 1977. For "Research, development, test, and evaluation. A i r For c e " for the period July 1, 1976, through September 30, 1976; $901,014,000, to remain available for obligation until September 30, 1977. RESEARCH, DEVELOPMENT, T E S T, AND EVALUATION, D E F E N S E AGENCIES

For expenses of activities and agencies of the Department of Defense (other than the military departments and the Defense Civil Preparedness Agency), necessary for basic and applied scientific research, development, test, and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $604,400,000, to remain available for

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 viz., the placing of a man of the team that makes the play, in the best obtainable position to shoot a goal, and should be carried on only until that position is attained.

It is possible to indulge even too much in combination work, necessary as it is on most occasions, and, thus, the virtue may be turned into a vice. It should not be played too freely by men in from of their own goals, and as it is merely a means to an end, an over indulgence in it is a loss of lime, of which hockey is too fast a game to allow.

In close quarters, the puck should be passed to a man's stick, and not in a line with his skates. A scientific player rushing down the ice with a partner will give the puck to the latter, not in a direct line with him, unless they are very close together, but to a point somewhat in advance, so that he will have to skate up to get it. The advantage in this style of passing is that the man who is to receive the rubber will not have to wait for it, but may skate on at the same rate of speed at which he was going before the puck was crossed, and proceed in his course without loss of time.

The puck should be passed in such a manner that it will slide along the ice, and not "lift," because it is difficult to stop and secure the rubber when it comes flying through the


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Page:United States Statutes at Large Volume 90 Part 1.djvu/217

 PUBLIC LAW 94-212—FEB. 9, 1976 obligation until September 30, 1977: Provided, That such amounts as may be determined by the Secretary of Defense to have been made available in other appropriations available to the Department of Defense during the current fiscal year for programs related to advanced research may be transferred to and merged with this appropriation to be available for the same purposes and time period: Provided further, That such amounts of this appropriation as may be determined by the Secretary of Defense may be transferred to carry out the purposes of advanced research to those appropriations for military functions under the Department of Defense which are being utilized for related programs to be merged with and to be available for the same time period as the appropriation to which transferred. For "Research, development, test, and evaluation. Defense agencies" for the period July 1, 1976, through September 30, 1976; $146,550,000, to remain available for obligation until September 30, 1977.

90 STAT. 167 Transfer and merger of funds.

DIRECTOR or TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, of independent activities of the Director of Defense Test and Evaluation in the direction and supervision of test and evaluation, including initial operational testing and evaluation; and performance of joint testing and evaluation; and administrative expenses in connection therewith; $25,000,000, to remain available for obligation until September 30, 1977. For "Director of test and evaluation. Defense" for the period July 1, 1976, through September 30, 1976; $5,000,000, to remain available for obligation until September 30, 1977. TITLE VI

SPECIAL FOREIGN CURRENCY PROGRAM For payment in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States for expenses of carrying out programs of the Department of Defense, as authorized by law; $2,668,000, to remain available for obligation until September 30, 1977: Provided, That this appropriation shall be available in addition to other appropriations to such Department, for payments in the foregoing currencies. For "Special foreign currency program" for the period July 1, 1976, through September 30, 1976; $37,000, to remain available for obligation until September 30, 1977. TITLE VII GENERAL PROVISIONS SEC. 701. No part of any appropriation contained in this Act shall Publicity or be used for publicity or propaganda purposes not authorized by the propaganda. Congress. SEC. 702. During the current fiscal year, the Secretary of Defense Experts or and the Secretaries of the Army, Navy, and Air Force, respectively, if consultants. they should deem it advantageous to the national defense, and if in their opinions the existing facilities of the Department of Defense are inadequate, are authorized to procure services in accordance with section 3109 of title 5, United States Code, under regulations prescribed by the Secretary of Defense; and to pay in connection there-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/218

 90 STAT. 168

Employment of noncitizens.

31 USC 700.

Appropriations, availability.

Prisoners of war. 31 USC 649a.

Land acquisition.

Dependents' schooling.

PUBLIC LAW 94-212—FEB. 9, 1976 with travel expenses of individuals, including actual transportation and per diem in lieu of subsistence while traveling from their homes or places of business to official duty station and return as may be authorized by law: Provided, That such contracts may be renewed annually. SEC. 703. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense. SEC. 704. Appropriations contained in this Act shall be available for insurance of official motor vehicles in foreign countries, when required by laws of such countries; payments in advance of expenses determined by the investigating officer to be necessary and in accord with local custom for conducting investigations in foreign countries incident to matters relating to the activities of the department concerned; reimbursement of General Services Administration for security guard services for protection of confidential files; reimbursement of the Federal Bureau of Investigation for expenses in connection with investigation of defense contractor personnel; and all necessary expenses, at the seat of government of the United States of America or elsewhere, in connection with communication and other services and supplies as may be necessary to carry out the purposes of this Act. SEC. 705. Any appropriation available to the Army, Navy, or the Air Force may, under such regulations as the Secretary concerned may prescribe, be used for expenses incident to the maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status is determined by the Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamations. SEC. 706. Appropriations available to the Department of Defense for the current fiscal year for maintenance or construction shall be available for acquisition of land or interest therein as authorized by section 2672 or 2675 of title 10, United States Code. SEC. 707. Appropriations for the Department of Defense for the current fiscal year shall be available, (a) except as authorized by the Act of September 30, 1950 (20 U.S.C. 236-244), for primary and secondary schooling for minor dependents of military and civilian personnel of the Department of Defense residing on military or naval installations or stationed in foreign countries, as authorized for the Navy by section 7204 of title 10, United States Code, in an amount not exceeding $211,391,000 for fiscal year 1976 and in an amount not exceeding $50,018,000 for the period July 1, 1976, through September 30, 1976, when the Secretary of the Department concerned finds that schools, if any, available in the locality, are unable to provide adequately for the education of such dependents: Provided, That under such regulations as may be issued by the Secretary of Defense, such schooling in a school operated by the Department of Defense under this section may be provided without tuition for minor dependents of civilian and military personnel of the Department of Defense who died while entitled to compensation or active duty pay: Provided further, That where such personnel die subsequent to January 11, 1971, such schooling must be continued or commenced within one year after the date of death; (b) for expenses in connection with administration of occupied areas; (c) for payment of rewards as authorized for the Navy by section 7209(a) of title 10, United States Code, for information leading to the discovery of missing naval property or the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/219

 PUBLIC LAW 9 4 - 2 1 2 — F E B. 9, 1976 recovery thereof; (d) for payment of deficiency judgments and interests thereon arising out of condemnation proceedings; (e) for leasing of buildings and facilities including payment of rentals for special purpose space at the seat of government, and in the conduct of field exercises and maneuvers, or in administering the provisions of title 43, United States Code, section 315q, rentals may be paid in advance; (f) payments under contracts for maintenance of tools and facilities for twelve months beginning at any time during the fiscal year; (g) maintenance of defense access roads certified as i m p o r t a n t to national defense in accordance with section 210 of title 23, United States Code; (h) for the purchase of milk for enlisted personnel of the Department of Defense heretofore made available pursuant to section 1446a, title 7, United States Code, and the cost of milk so purchased, as determined by the Secretary of Defense, shall be included in the value of the commuted r a t i o n; (i) transporting civilian clothing to the home of record of selective service inductees and recruits on entering the milit a r y services; (j) payments under leases for real or personal property for twelve months beginning at any time during the fiscal year; and (k) pay and allowances of not to exceed nine persons, including ]3ersonnel detailed to International Military Headquarters and Organizations, at rates provided for under section 625(d)(1) of the Foreign Assistance Act of 1961, as amended. SEC. 708. Appropriations for the Department of Defense for the current fiscal year shall be available for: (a) donations of not to exceed $25 to each prisoner upon each release from confinement in military or contract prison and to each person discharged for fraudulent enlistment; (b) authorized issues of articles to prisoners, applicants for enlistment, and persons in military custody; (c) subsistence of selective service registrants called for induction, applicants for enlistment, prisoners, civilian employees as authorized by law, and supernumeraries when necessitated by emergent military circumstances; (d) reimbursement for subsistence of enlisted personnel while sick in hospitals; (e) expenses of prisoners confined in nonmilitary facilities; (f) military courts, boards, and commissions; (g) utility services for buildings erected at private cost, as authorized by law, and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; (h) exchange fees, and losses in the accounts of disbursing officers or agents in accordance with law; (i) expenses of L a t i n America cooperation as authorized for the Navy by law (10 U.S.C. 7208); and (j) expenses of apprehension and delivery of deserters, prisoners, and members absent without leave, including payment of rewards of not to exceed $25 in any one case. SEC. 709. Insofar as practicable, the Secretary of Defense shall assist American small business to participate equitably in the furnishing of commodities and services financed with funds appropriated under this Act by making available or causing to be made available to suppliers in the United States, and particularly to small independent enterprises, information, as far in advance as possible, with respect to purchases proposed to be financed with funds appropriated under this Act, and by making available or causing to be made available to purchasing and contracting agencies of the Department of Defense information as to commodities and services produced and furnished by small independent enterprises in the United States, and by otherwise helping to give small business an opportunity to par-

90 STAT. 169 Deficiency judgments. Leasing.

Tools, maintenance. Access roads. Milk program.

22 USC 2385. Incidental expenses, payment. 10 USC 858 note.

10 USC 807 note.

Small business assistance.

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 90 STAT. 170

Mess operations.

Limitation.

Reimbursable appropriations.

Report to Congress. 50 USC 100a.

Funds, apportionment exemption. 31 USC 665. Airborne alert expenses.

Military personnel increase, expenses.

PUBLIC LAW 94-212—FEB. 9, 1976 ticipate in the furnishing of commodities and services financed with funds appropriated by this Act. SEC. 710. No appropriation contained in this Act shall be available for expenses of operation of messes (other than organized messes the operating expenses of which are financed principally from nonappropriated funds) at which meals are sold to officers or civilians, except under regulations approved by the Secretary of Defense, which shall (except under unusual or extraordinary circumstances) establish rates for such meals sufficient to provide reimbursements of operating expenses and food costs to the appropriations concerned: Provided, That officers and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at the rate of not less than $2.50 per day: Provided further, That for the purposes of this section payments for meals at the rates established hereunder may be made in cash or by deduction from the pay of civilian employees: Provided further, That members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals. SEC. 711. Unless otherwise expressly provided, appropriations contained in this Act shall remain available for obligation until September 30, 1976. SEC. 712. Appropriations of the Department of Defense available for operation and maintenance may be reimbursed during the current fiscal year for all expenses involved in the preparation for disposal and for the disposal of military supplies, equipment, and material, and for all expenses of production of lumber or timber products pursuant to section 2665 of title 10, United States Code, from amounts received as proceeds from the sale of any such property: Provided, That a report of receipts and disbursements under this limitation shall be made quarterly to Congress: Provided further. That no funds available to agencies of the Department of Defense shall be used for the operation, acquisition, or construction of new facilities or equipment for new facilities in the continental limits of the United States for metal scrap baling or shearing or for melting or sweating aluminum scrap unless the Secretary of Defense or an Assistant Secretary of Defense designated by him determines, with respect to each facility involved, that the operation of such facility is in the national interest. SEC. 713. (a) During the current fiscal year, the President may exempt appropriations, funds, and contract authorizations, available for military functions under the Department of Defense, from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense. (b) Upon determination by the President that such action is necessary, the Secretary of Defense is authorized to provide for the cost of an airborne alert as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11): (c) Upon determination by the President that it is necessary to increase the number of military personnel on active duty subject to existing laws beyond the number for which funds are provided in this Act, the Secretary of Defense is authorized to provide for the cost of such increased military personnel, as an excepted expense in accordance with the provisions of Revised Statutes 3732 (41 U.S.C. 11).

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 PUBLIC LAW 94-212—FEB. 9, 1976 (d) The Secretary of Defense shall immediately advise Congress of the exercise of any authority granted in this section, and shall report monthly on the estimated obligations incurred pursuant to subsections (b) and (c). SEC. 714. No appropriation contained in this Act shall be available in connection with the operation of commissary stores of the agencies of the Department of Defense for the cost of purchase (including commercial transportation in the United States to the place of sale but excluding all transportation outside the United States) and maintenance of operating equipment and supplies, and for the actual or estimated cost of utilities as may be furnished by the Government and of shrinkage, spoilage, and pilferage of merchandise under the control of such commissary stores, except as authorized under regulations promulgated by the Secretaries of the military departments concerned with the approval of the Secretary of Defense, which regulations shall provide for reimbursement therefor to the appropriations concerned and, notwithstanding any other provision of law, shall provide for the adjustment of the sales prices in such commissary stores to the extent necessary to furnish sufficient gross revenue from sales of commissary stores to make such reimbursement: Provided, That under such regulations as may be issued pursuant to this section all utilities may be furnished without cost to the commissary stores outside the continental United States and in Alaska: Provided further, That no appropriation contained in this Act shall be available in connection with the operation of commissary stores within the continental United States unless the Secretary of Defense has certified that items normally procured from commissary stores are not otherwise available at a reasonable distance and a reasonable price in satisfactory quality and quantity to the military and civilian employees of the Department of Defense. SEC. 715. No part of the appropriations in this Act shall be available for any expense of operating aircraft under the jurisdiction of the Armed Forces for the purpose of proficiency flying, as defined in Department of Defense Directive 1340.4, except in accordance with regulations prescribed by the Secretary of Defense. Such regulations (1) may not require such flying except that required to maintain proficiency in anticipation of a member's assignment to combat operations and (2) such flying may not be permitted in cases of members who have been assigned to a course of instruction of ninety days or more. SEC. 716. No part of any appropriation contained in this Act shall be available for expense of transportation, packing, crating, temporary storage, drayage, and unpacking of household goods and personal effects in any one shipment having a net weight in excess of thirteen thousand five hundred pounds. SEC. 717. Vessels under the jurisdiction of the Department of Commerce, the Department of the Army, the Department of the Air Force, or the Department of the Navy may be transferred or otherwise made available without reimbursement to any such agencies upon the request of the head of one agency and the approval of the agency having jurisdiction of the vessels concerned. SEC. 718. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the fiscal year 1976, shall be obligated during the last two months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of civilian components or summer-camp training of the Reserve Officers' Training Corps.

90 STAT. 171 Report to Congress.

Commissary stores.

Free utilities outside U.S. and in Alaska.

Proficiency flying.

Household goods.

Vessels, transfer. 40 USC 483a.

Obligated funds, 1976, limitation.

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 90 STAT. 172 Foreign real property, use.

31 USC 700a.

Report to Congress and Office of Management and Budget. Research and development funds.

Education expenses, restriction.

ROTC, loyalty requirements. 10 USC 2103 note. Procurement restrictions.

PUBLIC LAW 94-212—FEB. 9, 1976 SEC. 719. During the current fiscal year the agencies of the Department of Defense may accept the use of real property from foreign countries for the United States in accordance with mutual defense agreements or occupational arrangements and may accept services furnished by foreign countries as reciprocal international courtesies or as services customarily made available without charge; and such agencies may use the same for the support of the United States forces in such areas without specific appropriation therefor. In addition to the foregoing, agencies of the Department of Defense may accept real property, services, and commodities from foreign countries for the use of the United States in accordance with mutual defense agreements or occupational arrangements and such agencies may use the same for the support of the United States forces in such areas, without specific appropriations therefor: Provided, That the foregoing authority shall not be available for the conversion of heating plants from coal to oil at defense facilities in Europe: Provided further, That within thirty days after the end of each quarter the Secretary of Defense shall render to Congress and to the Office of Management and Budget a full report of such property, supplies, and commodities received during such quarter. SEC, 720. During the current fiscal year, appropriations available to the Department of Defense for research and development may be used for the purposes of section 2353 of title 10, United States Code, and for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the service concerned. SEC, 721. No appropriation contained in this Act shall be available for the payment of more than 75 per centum of charges of educational institutions for tuition or expenses of off-duty training of military personnel, nor for the payment of any part of tuition or expenses for such training for commissioned personnel who do not agree to remain on active duty for two years after completion of such training. SEC. 722. No part of the funds appropriated herein shall be expended for the support of any formally enrolled student in basic courses of the senior division. Reserve Officers' Training Corps, who has not executed a certificate of loyalty or loyalty oath in such form as shall be prescribed by the Secretary of Defense. SEC. 723. No part of any appropriation contained in this Act shall be available for the procurement of any article of food, clothing, cotton, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles), or specialty metals including stainless steel flatware, not grown, reprocessed, reused, or produced in the United States or its possessions, except to the extent that the Secretary of the Department concerned shall determine that a satisfactory quality and sufficient quantity of any articles of food or clothing or any form of cotton, woven silk and woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric, wool, or specialty metals including stainless steel flatware grown, reprocessed, reused, or produced in the United States or its possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto:

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 PUBLIC LAW 94-212—FEB. 9, 1976 Provided, That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its possessions: Provided further, That no funds herein appropriated shall be used for the payment of a price differential on contracts hereafter made for the purpose of relieving economic dislocations: Provided further, That none of the funds appropriated in this Act shall be used except that, so far as practicable, all contracts shall be awarded on a formally advertised competitive bid basis to the lowest responsible bidder. SEC. 724. None of the funds appropriated in this Act shall be used for the construction, replacement, or reactivation of any bakery, laundry, or drycleaning facility in the United States, its territories or possessions, as to which the Secretary of Defense does not certify in writing, giving his reasons therefor, that the services to be furnished by such lacilities are not obtainable from commercial sources at reasonable rates. SEC. 725. During the current fiscal year, appropriations of the Department of Defense shall be available for reimbursement to the United States Postal Service for payment of costs of commercial air transportation of military mail between the United States and foreign countries. SEC. 726. Appropriations contained in this Act shall be available for the purchase of household furnishings, and automobiles from military and civilian personnel on duty outside the continental United States, for the purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of the Department of Defense on duty outside the continental United States or in Alaska, upon a determination, under regulations approved by the Secretary of Defense, that such action is advantageous to the Government. SEC. 727. During the current fiscal year, appropriations available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901; 80 Stat. 508). SEC. 728. Funds provided in this Act for congressional liaison activities of the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense shall not exceed $1,500,000 for fiscal year 1976, and $375,000 for the period July 1, 1976, through September 30, 1976: Provided, That this amount shall be available for apportionment to the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Office of the Secretary of Defense as determined by the Secretary of Defense. SEC. 729. Of the funds made available by this Act for the services of the Military Airlift Command, $100,000,000 shall be available only for procurement of commercial transportation service from carriers participating in the civil reserve air fleet program; and the Secretary of Defense shall utilize the services of such carriers which qualify as small businesses to the fullest extent found practicable: Provided, That the Secretary of Defense shall specify in such procurement, performance characteristics for aircraft to be used based upon modern aircraft operated by the civil reserve air fleet. SEC. 730. During the current fiscal year, appropriations available to the Department of Defense for operation may be used for civilian clothing, not to exceed $40 in cost for enlisted personnel: (1) discharged for misconduct, unfitness, unsuitability, or otherwise than

90 STAT. 173

Service facilities,

Airmail reimbursement.

Furnishings and automobiles, purchase.

Uniforms.

Congressional liaison activities.

Civil reserve air fleet

Civilian clothing,

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 90 STAT. 174

Defense contractors, advertising costs, restrictions.

New facilities, restriction.

Transfer of funds.

Notice to Congress. Contract payments in foreign countries.

Working capital funds.

PUBLIC LAW 94-212—FEB. 9, 1976 honorably; (2) sentenced by a civil court to confinement in a civil prison or interned or discharged as an alien enemy; (3) discharged prior to completion of recruit training under honorable conditions for dependency, hardship, minority, disability, or for the convenience of the Government. SEC. 731. No part of the funds appropriated herein shall be available for paying the costs of advertising by any defense contractor, except advertising for which payment is made from profits, and such advertising shall not be considered a part of any defense contract cost. The prohibition contained in this section shall not apply with respect to advertising conducted by any such contractor, in compliance with regulations which shall be promulgated by the Secretary of Defense, solely for (1) the recruitment by the contractor of personnel required for the performance by the contractor of obligations under a defense contract, (2) the procurement of scarce items required by the contractor for the performance of a defense contract, or (3) the disposal of scrap or surplus materials acquired by the contractor in the performance of a defense contract. SEC. 732. Funds appropriated in this Act for maintenance and repair of facilities and installations shall not be available for acquisition of new facilities, or alteration, expansion, extension, or addition of existing facilities, as defined in Department of Defense Directive 7040.2, dated January 18, 1961, in excess of $75,000: Provided, That the Secretary of Defense may amend or change the said directive during the current fiscal year, consistent with the purpose of this section. SEC. 733. Upon determination by the Secretary of Defense, that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $750,000,000 during the fiscal year 1976, and $185,000,000 during the period July 1, 1976, through September 30, 1976, of the appropriations or funds available to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided,^ That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated, and in no ease where the item for which funds are requested has been denied by Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. SEC. 734. None of the funds appropriated in this Act may be used to make payments under contracts for any program, project, or activity in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. SEC. 735. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by

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 PUBLIC LAW 94-212—FEB. 9, 1976 the Secretary of Defense, with the approval of the Office of Management and Budget. SEC. 736. N"o part of the funds appropriated under this Act shall be used to pay salaries of any Federal employee who is convicted in any Federal, State, or local court of competent jurisdiction, of inciting, promoting, or carrying on a riot, or any group activity resulting in material damage to property or injury to persons, found to be in violation of Federal, State, or local laws designed to protect persons or property in the community concerned. SEC. 737. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, or a grant to any applicant who has been convicted by any court of general jurisdiction of any crime which involves the use of or the assistance to others in the use of force, trespass, or the seizure of property under control of an institution of higher education to prevent officials or students at such an institution from engaging in their duties or pursuing their studies. SEC. 738. None of the funds herein appropriated may be obligated or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia. SEC. 739. None of the funds available to the Department of Defense shall be utilized for the conversion of heating plants from coal to oil at defense facilities in Europe. SEC. 740. None of the funds appropriated by this Act shall be available for any research involving uninformed or nonvoluntary human beings as experimental subjects. SEC. 741. Appropriations for the current fiscal year for operation and maintenance of the active forces shall be available for medical and dental care of personnel entitled thereto by law or regulation (including charges of private facilities for care of military personnel, except elective private treatment); welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public or private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers' Training Corps and other units at educational institutions. SEC. 742. No pftrt of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for the reprograming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprograming is requested has been denied by the Congress. SEC. 743. None of the funds contained in this Act shall be used to furnish petroleum fuels produced in the continental United States to Southeast Asia for use by non-United States nationals. SEC. 744. Obligations hereafter incurred for advance payments of pay and allowances pursuant to section 1006 of title 37, United States Code, shall be recorded as obligations only in the fiscal year in which such payments are earned. SEC. 745. None of the funds appropriated by this Act may be used to support more than three hundred and ninety-six enlisted aides in the United States Armed Forces.

-194 0—78—pt. 1 — 15

90 STAT. 175

Convicted rioters.

Campus disrupters.

Vietnam, Laos, or Cambodia, combat activities. Heating plant conversion. Involuntary experimental subjects.

Reprogramming of funds.

Petroleum fuels to Southeast Asia. 37 USC 1006 note.

Enlisted aides, limitation.

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 90 STAT. 176

Household effects, transportation, monetary allowance. 37 USC 406 note.

Unused accraed leave.

Space and services furnished by GSA, charges.

Health program, restrictions.

PUBLIC LAW 94-212—FEB. 9, 1976 SEC. 746. Funds made available for the period July 1, 1976, through September 30, 1976, shall be available for the same purposes as the corresponding appropriation for fiscal year 1976, and shall be subject to the provisions of this title applicable to fiscal year 1976, unless otherwise specifically provided. SEC. 747. Appropriations available to the Department of Defense for providing transportation of household effects of members of the armed forces pursuant to section 406(b) of title 37, United States Code, shall be available hereafter to pay a monetary allowance in place of such transportation, to a member who, under regulations prescribed by the Secretary of the military department concerned, participates in a program designated by the Secretaries in which his baggage and household effects are moved by privately owned or rental vehicle. Such allowance shall not be limited to reimbursement for actual expenses and may be paid in advance of the transportation of said baggage and household effects. However, the monetary allowance shall be in an amount which will provide savings to the government when the total cost of such movement is compared with the cost which otherwise would have been incurred under section 406(b). SEC. 748. None of the funds appropriated by this Act shall be available to pay any member of the uniformed service for unused accrued leave pursuant to section 501 of title 37. United States Code, for more than 60 days of such leave, less the numoer of days for which payment was previously made under section 501 after the effective date of this Act. SEC. 749. No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services. SEC. 750. No funds appropriated in this Act shall be available to pay claims for non-emergency inpatient hospital care provided on or after January 1, 1976, under the Civilian Health and Medical Program of the Uniformed Services for services available at a facility of the uniformed services within a 40-mile radius of the patient's residence. SEC. 751. None of the funds contained in this Act available for the Civilian Health and Medical Program of the Uniformed Services under the provisions of section 1079(a) of title 10, United States Code, shall be available for (a) services of pastoral counselors, or family and child counselors, or marital counselors, except when these services are certified as not being available on the military base to which the member is assigned, or when the recipient resides within 40 miles of a military medical facility which certifies that these services are not available; (b) special education, except when provided as secondary to the active psychiatric treatment on an institutional inpatient basis; (c) therapy or counseling for sexual dysfunctions or sexual inadequacies; (d) treatment of obesity when obesity is the sole or major condition treated; (e) reconstructive surgery justified solely on psychiatric needs including, but not limited to, mammary augmentation, face lifts, and sex gender changes; or (f) any other service or supply which is not medically or psychologically necessary to diagnose and treat a mental or physical illness, injury, or bodily malfunction as diagnosed by a physician, dentist, or a clinical psychologist.

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 PUBLIC LAW 94-212—FEB. 9, 1976 SEC. 752. None of the funds appropriated in this Act may be expended by the Department of the Army for the design, procurement of plant equipment, or construction of new ammunition plant facilities except in areas in which existing ammunition plant facilities are being closed, placed in layaway, or at which production has been curtailed. SEC. 753. Unless otherwise specified and during the current fiscal year, and the period July 1, 1976, through September 30, 1976, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, (4) is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence, or (5) South Vietnamese refugees paroled into the United States between January 1, 1975, and the date of enactment of this Act: Provided, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both: Provided further, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.

90 STAT. 177 Ammunition plants, restriction.

Compensation.

31 USC 699b.

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 90 STAT. 178 o,;

PUBLIC LAW 94-212—FEB. 9, 1976

.,.•

TITLE VIII RELATED AGENCIES D E F E N S E MANPOWER COMMISSION

For necessary expenses of the Defense Manpower Commission in carrying out the provisions of title VII of the Department of Defense 10 USC 131 note. Appropriation Authorization Act, 1974, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the 5 USC 5332 note, per diem rate equivalent to the rate for GS-18, and hire of passenger motor vehicles, $1,300,000. Short title. This Act may be cited as the "Department of Defense Appropriation Act, 1976". Approved February 9, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-517 (Comm. on Appropriations) and No. 94-710 (Coram, of Conference). SENATE REPORT No. 94-446 (Comm. on Appropriations). CONGRESSIONAL RECORD: Vol. 121 (1975): Sept. 30, Oct. 1, 2, considered and passed House. Nov. 13, 14, 18, considered and passed Senate, amended. Dec. 12, House agreed to conference report; receded and concurred in Senate amendments with an amendment. Dec. 15, 17-19, Senate agreed to conference report;.concurred in House amendment with an amendment. Vol. 122 (1976): Jan. 27, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol 12, No. 7 (1976): Feb. 10, Presidential statement.

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 PUBLIC LAW 94-213—FEB. 13, 1976

90 STAT. 179

Public Law 94-213 94th Congress An Act To amend title 5, United States Code, to authorize civilians employed by the Department of Defense to administer oaths while conducting official investigations.

reb. 16, 197o [H.R. 508]

Be it enacted by the /Senate and House of Representatives of the United States of America in Congress assembled, That section 303 of Department of title 5, United States Code, is amended by inserting " (a) " immediately Defense civilian before "An employee" and by adding at the end thereof the following employees, oaths, new subsection: " (b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.". Approved February 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-241 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94-541 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD: Vol. 121 (1975): July 2 1, considered and passed House. Vol. 122 (1976): Jan. 26, considered and passed Senate, amended. Jan. 29, House concurred in Senate amendment.

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 PUBLIC LAW 94-214—FEB. 16, 1976

90 STAT. 181

Public Law 94-214 94th Congress An Act To establish improved programs for the benefit of producers and consumers of

reb- lo> 1^76

rice.

[H.R. 8529]

Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, Rice Production Act of 1975. SHORT TITLE SECTION

1. This Act may be cited as the "Rice Production Act of 7 USC 428c note.

1976".

TITLE I—RICE ALLOTMENTS AND PRICE SUPPORT

'- "' '•

NATIONAL ACREAGE ALLOTMENT AND ALLOCATION

SEC. 101. Effective for the 1976 and 1977 crops of rice, section 352 7 USC 1352 note. of the Agricultural Adjustment Act of 1938 is amended to read as 7 USC 1352. follows: "SEC. 352. (a) The Secretary shall establish for each of the 1976 and 1977 crops of rice a national acreage allotment in the amount of one million eight hundred thousand acres. "(b) The national acreage allotment for each such crop of rice shall be apportioned by the Secretary to farms, and in producer States and administrative areas, to producers on the basis of the rice allotments established for the 1975 crop as adjusted in accordance with subsection (c) of this section: Provided, That not to exceed 1 per centum of the national acreage allotment apportioned within each State may be reserved by the State committee for (1) apportionment to new rice farms and new rice producers on the basis of the following factors: suitability of the land for the production of rice, the extent to which the farm operator (or produced in the case of a producer allotment) is dependent on income from farming for his livelihood, the production of rice on other farms owned, operated, or controlled by such person, and such other factors as the State committee determines should be considered for the purpose of establishing fair and equitable rice allotments; (2) making adjustments in farm allotments to correct inequities or to prevent hardship; and (3) making corrections in farm or producer allotments. "(c)(1) If for any crop the total acreage planted to rice on a farm is less than the rice allotment for the farm (or in producer administrative areas, the producer allotments allocated to the farm), the farm or producer allotment used as a base for the succeeding crop shall be reduced by the percentage by which such planted acreage was less than the allotment for the farm, but such reduction shall not exceed 20 per centum of the farm or producer allotment for the preceding crop; except that if not less than 90 per centum of the farm acreage allotment is planted to rice, the farm shall be considered to have an acreage planted to rice equal to 100 per centum of such allotment. For purposes of this paragraph, an acreage on the farm which the Secretary determines was not planted to rice because of drought, flood, other natural disaster, or a condition beyond the control of the producer shall be

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 90 STAT. 182

^*"" 7 USC 1441.

/

PUBLIC LAW 94-214-FEB. 16, 1976 considered to be an acreage planted to rice. For the purpose of this paragraph, the Secretary may permit producers of rice to have acreage devoted to soybeans, wheat, feed grains, sugar, castor beans, triticale, oats, cotton, rye, or such other crops as the Secretary may deem appropriate, considered as devoted to the production of rice to such extent and subject to such terms and conditions as the Secretary determines will not impair the effective operation of the rice program. "(2) If no acreage is planted (or regarded as planted) to rice for two consecutive crop years on any farm which had a farm acreage allotment for such years or for any producer which had a producer allotment for such years, such farm or producer shall lose it allotment. "(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, no farm or producer allotment shall be reduced or lost through failure to plant, if the cooperator elects not to receive payments for the portion of the farm or producer allotment not planted to which he would otherwise be entitled under the provisions of section 101(g) of the Agricultural Act of 1949. "(d) Notwithstanding any other provision of this Act, if the Secretary determines for any year that, because of drought, flood, other natural disaster, or a condition beyond the control of the person involved in the production of rice, none or only part of the acres of an allotment can be timely planted or replanted by or for such person in such year, the Secretary may authorize for such year the transfer of the total number of such acres which are so affected to another farm in the same or any nearby county, but within the same administrative area, on which one or more persons on the farm from which the transfer is made will be engaged in the production of rice and will share in the proceeds thereof, in accordance with such regulations as the Secretary may prescribe. Any allotment, or portion thereof, transferred under this subsection shall be regarded as planted to rice on the farm from which the transfer is made for purposes of establishing future farm allotments. For the purpose of determining the amount of payments and loans made under section 101(g) of the Agricultural Act of 1949 with regard to farms to which allotments, or portions thereof, are transferred under this subsection, the Secretary shall establish a farm yield for any such farm for which there is no established yield. "(e)(1) The Secretary shall permit the owner and operator of any farm for which a farm acreage allotment has been established to sell or lease all or any part, or the right to all or any part of such allotment, to any other owner or operator of a farm in the same administrative area, or to transfer all or any part of such allotment to any other farm owned or controlled by him in the same administrative area. The Secretary shall also permit the person for whom a producer allotment has been established to sell or lease all or any part of such allotment to any other person in the same administrative area. "(2)(A) If a producer in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm dies, his history of rice production shall be apportioned in the whole or in part among his heirs or devisees according to the extent to which they may continue, or have continued, his farming operations, if satisfactory proof of such succession of farming operations is furnished the Secretary.

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 PUBLIC LAW 94-214—FEB. 16, 1976 "(B) Upon dissolution of a partnership in a State in which farm rice acreage allotments are determined on the basis of past production of rice by the producer on the farm, the partnership's history of rice production shall be divided among the partners in such proportion as agreed upon in writing by the partners. "(C) Any part of the farm rice acreage allotment on which rice will not be planted and which is voluntarily surrendered to the county committee shall be deducted from the allotment to such farm and may be reapportioned by the county committee to other farms in the same county in amounts determined by the county committee to be fair and reasonable. Any allotment surrendered under this subparagraph shall he regarded for purposes of this subsection as having been planted on the farm from which it was surrendered. "(f) Any acreage planted to rice in excess of the farm or producer acreage allotment in the crop years 1976 and 1977 shall not be taken into account in establishing farm, or producer acreage allotments in any year following such period.".

90 STAT. 183

~

PAYMENTS AND LOANS

SEC. 102. Effective for the 1976 and 1977 crops of rice, section 101 7 USC 1441 note, of the Agricultural Act of 1949 is amended by adding the following 7 USC 1441. new subsection at the end thereof: " (g) Notwithstanding any other provision of law— "(1) The established price for the purpose of making payments on rice under this subsection shall be $8 per hundredweight in the case of the 1976 crop, adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975, and ending July 31, 1976; for the 1977 crop the established price shall be the established price for the 1976 crop adjusted to reflect any changes in the index of prices paid by farmers ., ^ ior production items, interest, taxes, and wage rates during the twelvemonth period immediately preceding July 31, 1977: Provided, That any increase that would otherwise be made in the established price for the 1976 and 1977 crops to reflect a change in the index of prices paid by farmers may be further adjusted to reflect any change in (i) the national average yield per acre of rice for the three calendar years preceding the year for which the determination is made, over (ii) the national average yield per acre for the three calendar years preceding the year previous to the one for which the determination is made. "(2) The Secretary shall make available, to cooperators in the several States of the United States, loans and purchases on the 1976 crop of rice at a rate equal to $6 per hundredweight, adjusted to reflect any changes in the index of prices paid by farmers for production items, interest, taxes, and wage rates during the period beginning on the date of enactment of the Rice Production Act of 1975 and ^ ending July 31, 1976: Provided, That any increase in the rate of loans and purchases for the 1976 crop to reflect a change in the index of ^ prices paid by farmers may be further adjusted to reflect the change described in the proviso in paragraph (1) of this subsection. Loans and purchases for the 1977 crop shall be established at such rate as bears the same ratio to the loan rate for the 1976 crop as the established price for the 1977 crop bears to the established price for the 1976

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 90 STAT. 184

7 USC 1352.

Set-aside of cropland.

PUBLIC LAW 94-214—FEB. 16, 1976 crops. The loans and purchases for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm, as determined in the manner described in the second sentence of paragraph (4) of this subsection. "(3) The Secretary shall make available to cooperators payments for each of the 1976 and 1977 crops of rice grown in the several States of the United States at a rate equal to the amount by which the established price for the crop of rice exceeds the higher of— "(A) the national average market price received by farmers during the first five months of the marketing year for such crop, as determined by the Secretary; or "(B) the loan level determined under paragraph (2) for such crop. " (4) The payments for the 1976 and 1977 crops shall be made available to cooperators on a farm with respect to a quantity of rice determined by multiplying the allotment by the yield established for the farm. The yield for the farm for any year shall be determined on the basis of the actual yields per harvested acre for the three preceding years: Provided, That the actual yields shall be adjusted by the Secretary for abnormal yields in any year caused by drought, flood, other natural disaster, or condition beyond the control of the cooperator. If the Secretary determines that the persons involved in producing rice on a farm are prevented from planting all or any portion of the acreage allotments of producers on the farm or farm acreage allotment to rice or other nonconserving crop, because of droughts, flood, or other natural disaster or condition beyond the control of the producer, the rate of payment with regard to such acres so affected shall be the larger of (A) the foregoing rate, or (B) one-third of the established price, except that the Secretary shall make no payment pursuant to this sentence on a farm from which acres were transferred under section 352(d) of the Agricultural Adjustment Act of 1938 with respect to the transferred acreage. If the Secretary determines that, because of such disaster or condition, the total quantity of rice which the persons involved in producing rice are able to harvest on any farm is less than 66% per centum of the acreage allotments of producers on the farm or of the farm acreage allotment times the yield of rice established for the farm, the rate of payment for the deficiency in production below 100 per centum shall be the larger of (A) the foregoing rate, or (B) one-third of the established price. Any payment made under the previous two sentences with regard to acres transferred under section 352(d) of the Agricultural Adjustment Act of 1938 shall be calculated with respect to the farm yield established on the farm to which such acres were transferred. "(5)(A) The Secretary may provide for a set-aside of cropland for a crop of rice if he estimates (without taking into consideration the effect of a set-aside), that the carryover of rice for the marketing year beginning in the calendar year immediately following the calendar year in which such crop will be grown will exceed 15 per centum of the total supply of rice for the marketing year beginning in the calendar year in which such crop will be grown. The Secretary shall make a preliminary determination prior to the beginning of the calendar year in which such crop will be grown and a final determination not later than April 1 of the calendar year in which such crop is grown of whether a set-aside shall be in effect and, if so, the acreage of crop-

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 PUBLIC LAW 94-214—FEB. 16, 1976 land required to be set aside. The determinations and estimates on which they are based shall be published in the Federal Eegister at the time they are made. If a set-aside of cropland is in effect under this paragraph then, as a condition of eligibility for payments, loans and purchases under this subsection, the cooperators must set aside and devote to conservation uses an acreage of cropland equal to (i) such percentage of the farm acreage allotment as may be specified by the Secretary (not to exceed 30 per centum of the farm acreage allotment), plus, if required by the Secretary, (ii) the acreage of cropland on the farm devoted in preceding years to soil conserving uses, as determined by the Secretary, The Secretary shall permit cooperators to plant and graze sweet sorghum on set-aside acreage. The Secretary may permit, subject to such terms and conditions as he may prescribe, all or any part of the set-aside acreage to be devoted to hay and grazing or the production of guar, sesame, safflower, sunflower, castor beans, mustard seed, crambe, plantago ovato, flaxseed, triticale, oats, rye, or other commodity, if he determines that such production is needed to provide an adequate supply of such commodities, is not likely to increase the cost of the price support program, and will not adversely affect farm income. "(B) To assist in adjusting the acreage of rice to desirable goals, the Secretary may make land diversion payments, in addition to the payments authorized in paragraph (3) of this subsection, to cooperators on a farm who, to the extent prescribed by the Secretary, devote to approved conservation uses an acreage of cropland on the farm in addition to that required to be devoted under subparagraph (A) of this paragraph. The land diversion payments for a farm shall be at such rate or rates as the Secretary determines to be fair and reasonable taking into consideration the diversion undertaken by the cooperator and the productivity of the acreage diverted. The Secretary shall limit the total acreage to be diverted under agreements in any county or local community so as not to adversely affect the economy oi the county or local community. "(6) The rice program formulated under this subsection shall require the cooperators to take such measures as the Secretary may deem appropriate to protect the set-aside acreage and the additional diverted acreage from erosion, insects, weeds, and rodents. Such acreage may be devoted to wildlife food plots or wildlife habitat in conformity with standards established by the Secretary in consultation with wildlife agencies. The Secretary may pay an appropriate share of the cost of practices designed to carry out the purposes of the foregoing sentences. The Secretary may provide for an additional payment on such acreage in the amount determined by the Secretary to be appropriate in relation to the benefit to the general public if the cooperator agrees to permit, without other compensation, access to all or such portion of the farm as the Secretary may prescribe by the general public, for hunting, trapping, fishing, and hiking, subject to applicable State and Federal regulations. "(7) If the operator of the farm desires to participate in the program formulated under this subsection, he shall file his agreement to do so no later than such date as the Secretary may prescribe. Payments under this subsection shall be made available to cooperators on such farm only if such cooperators set aside and devote to approved soil conserving uses an acreage on the farm equal to the number of acres

90 STAT. 185 Publication in Federal Register.

Land diversion payments,

-^

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 90 STAT. 186

Regulations.

16 USC 590h.

'Payments."

Rules and regulations.

PUBLIC LAW 94-214—FEB. 16, 1976 which the operator of the farm agrees to set aside and devote to approved soil conserving uses, and the agreement shall so provide. The Secretary may, by mutual agreement with the cooperators on the farm, terminate or modify any such agreement entered into pursuant to this subsection if he determines such action necessary because of any emergency created by drought or other disaster, or in order to alleviate a shortage in the supply of rice. "(8) The Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers including provision for sharing, on a fair and equitable basis, in payments under this subsection. " (9) In the case in which the failure of a cooperator to comply fully with the terms and conditions of the program formulated under this subsection precludes the making of loans, purchases, and payments, the Secretary may, nevertheless, make such loans, purchases, and payments in such amounts as he determines to be equitable in relation to the seriousness of the default. "(10) The Secretary is authorized to issue such regulations as he determines necessary to carry out the provisions of this subsection. " (11) The Secretary shall carry out the program authorized by this subsection through the Commodity Credit Corporation. "(12) The provisions of subsection 8(g) of the Soil Conservation and Domestic Allotment Act (relating to assignment of payments) shall apply to payments under this subsection. " (13) Notwithstanding any other provision of law— " (A) The total amount of payments which a person shall be entitled to receive during a crop year under the rice program shall not exceed $55,000. "(B) The term 'payments' as used in this paragraph shall not include loans or purchases, or any part of any payment which is determined by the Secretary to represent compensation for resource adjustment or public access for recreation. "(C) If the Secretary determines that the total amount of payments which will be earned by any person under the program in effect for any crop will be reduced under this section, the set-aside acreage for the farm or farms on which such persons will be sharing in payments earned under such program shall be reduced to such extent and in such manner as the Secretary determines Avill be fair and reasonable in relation to the amount of the payment reduction. "(D) The Secretary shall issue regulations defining the term 'person' and prescribing such rules as he determines necessary to assure a fair and reasonable application of such limitation: Provided, That the provisions of this paragraph which limit payments to any person shall not be applicable to lands owned by States, political subdivisions, or agencies thereof, so long as such lands are farmed primarily in the direct furtherance of a public function, as determined by the Secretary. The rules for determining whether corporations and their stockholders may be considered as separate persons shall be in accordance with the regulations issued by the Secretary on December 18, 1970.". SUSPENSION OF MARKETING QUOTAS AND OTHER PROVISIONS

7 USC 1353 note. SEC. 103. Sections 353, 354, 355, and 356 of the Agricultural Adjust7 USC 1353, ment Act of 1938 shall not be applicable to the 1976 and 1977 crops 1354, 1355, of rice. 1356.

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 PUBLIC LAW 9 4 - 2 1 4 — F E B. 16, 1976

90 STAT. 187

TITLE II—EICE EESEARCH SEC. 201. (a) The Secretary of Agriculture may, under rules pre- Rules. scribed by such Secretar;^, carry out regional and national research 7 USC 428c. programs with regard to rice for the following purposes: (1) to reduce fertilizer and herbicide usage in excess of production needs; (2) to develop varieties of rice more susceptible to complete fertilizer utilization; (3) to improve the resistance of rice plants to disease and to enhance their conservation and environmental qualities; (4^ to increase the usage of rice and its processing byproducts; (5) to develop better husbandry practices in production and conservation of rice; (6) to develop more efficient rice storage practices; (7) to improve domestic and international marketing of rice; and (8) to benefit the general welfare. (b) The Secretary shall, in implementing the program authorized in subsection (a), utilize the technical and related services of approp r i a t e Federal, State, local governmental, and private agencies, w i t h priority consideration for land g r a n t universities, State experiment stations, and other agricultural institutions of higher learning. (c) There is authorized to be appropriated not more than $1,000,000 Appropriation for the period ending September 30, 1976, to carry out the provisions authorization. of this section. No funds authorized by this section shall be used for advertising or promotional activities. TITLE

III—MISCELLANEOUS

UNUSED ACREAGE

ALLOTMENTS

SEC. 301. Section 377 of the Agricultural Adjustment Act of 1938 shall not be applicable to the 1976 and 1977 crops of rice.

7 USC 1377 note. 7 USC 1377.

F I N A L I T Y OF FARMERS' PAYMENTS AND LOANS

SEC. 302. Effective only with respect to the 1976 and 1977 crops of rice, section 385 of the Agricultural Adjustment Act of 1938 is amended in the first sentence thereof by inserting immediately after "cotton set-aside program, " the following: "payments under the rice program authorized by section 101(g) of the Agricultural Act of 1949,".

7 USC 1385 note. 7 USC 1385.

7 USC 1441.

DEFINITION OF COOPERATOR

SEC. 303. Section 408(b) of the Agricultural Act of 1949 is amended by striking out the period at the end of the first sentence and inserting in lieu thereof the following: ": Provided further, That for the 1976 and 1977 crops of rice, a cooperator shall be a person who produces rice on a farm for which a farm acreage allotment has been established or to which a producer acreage allotment has been allocated and, if a set-aside is in effect, who has set aside any acreage required under section 101(g).".

7 USC 1428.

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 90 STAT. 188

PUBLIC LAW 94-214—FEB. 16, 1976 CONFORMING

AMENDMENT

7 USC 1428 note. ^ SEC. 304. Effective only with respect to the 1976 and 1977 crops of 7 USC 1428. rice, section 408 of the Agricultural Act of 1949 is amended by adding at the end thereof the following new subsection: "Reference to Terms Made Available to Rice 7 USC 1422, 1423, 1426, 1427, 1431. 7 USC 1421.

«(m) Reference made in sections 402,403,406,407, and 416 to terms 'support price', 'level of support', and 'level of price support' shall be considered to apply as well to the level of loans and purchases for rice under this Act, and references made to the terms 'price support', 'price support operation', and 'price support program' m such sections and in section 401(a) shall be considered as applying as well to the loan and purchase operations for such rice in this Act.". Approved February 16, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-618 (Comm. on Agriculture). SENATE REPORT No. 94-557 accompanying S. 2260 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 10, 16, considered and passed House. Vol. 122 (1976): Jan. 28-30, Feb. 2, 3, considered and passed Senate, in lieu of S. 2260.

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 PUBLIC LAW 94-215—FEB. 17, 1976

90 STAT. 189

Public Law 94-215 94th Congress An Act To extend until the close of 1983 the period in which appropriations are authorized to be appropriated for the acquisition of wetlands, to increase the maximum amount of such authorization, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Wetlands Loan Extension Act of 1976". SEC. 2. (a) The first section of the Act entitled "An Act to promote the conservation of migratory waterfowl by the acquisition of wetlands and other essential waterfowl habitat, and for other purposes", approved October 4, 19^1 (16 U.S.C. 7l5k-3) is amended by striking out "fifteen-year period beginning with fiscal year 1962, not to exceed $105,000,000." and inserting in lieu thereof the following: "period beginning on July 1, 1961, and ending at the close of September 30, 1983, not to exceed $200,000,000.". (b) Section 3 of such Act of October 4, 1961 (16 U.S.C. 71ok-5) is amended— (1) by striking out "with fiscal year 1977," and inserting in lieu thereof |'on October 1, 1983,"; (2) by striking out "prior to the end of the aforesaid fifteenyear period," and inserting in lieu thereof "before October 1, 1983,"; and (3) by striking out "year: Provided further, That no" and inserting in lieu thereof "year. No". SEC. 3. (a) The first section of the Act entitled "An Act to supplement and support the Migratory Bird Conservation Act by providing funds for the acquisition of areas for use as migratory-bird sanctuaries, refuges, and breeding grounds, for developing and administering such areas, for the protection of certain migratory birds, for the enforcement of the Migratory Bird Treaty Act and regulations thereunder, and for other purposes", approved March 16, 1934 (16 U.S.C. 718a; commonly known as the "Migratory Bird Hunting Stamp Act") is amended by inserting after "hunting" in the first sentence the words "and conservation". (b) The first sentence of section 2 of such Act of March 16, 1934 (16 U.S.C. 718b) is amended to read as follows: "The stamps required by section 1 of this Act shall be issued and sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations prescribed jointly by the Postal Service and the Secretary of the Interior, at (1) each post office of the first- and second-class, and (2) any establishment, facility, or location as the Postal Service and the Secretary of the Interior shall direct or authorize. The funds received from the sale of such stamps by the Department of the Interior shall be deposited in the migratory bird conservation fund in accordance with the provisions of section 4 of this Act.". (c) The fifth sentence of section 2 of such Act of March 16, 1934 (16 U.S.C. 718b), is amended to read as follows: "The Postal Service, pursuant to regulations prescribed by it, shall provide for the redemption, on or before the 30th day of September of each fiscal year, of blocks composed of two or more attached unused stamps issued for such year (A) that were sold on consignment to any person, including,

Feb. 17. 1976 [H.R. 5608]

Wetlands Loan Extension Act of 1976. 16 USC 715k-8 note.

Migratory bird hunting and conservation stamp.

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 90 STAT. 190

Land and water, rental or purchase.

Property, exchange or cash equalization.

PUBLIC LAW 94-215—FEB. 17, 1976 but not limited to, retail dealers for resale to their customers, and (B) that have not been resold hj any such person.". (d) The first sentence of section 4 of such Act of March 16, 1934 (16 U.S.C. 718d), is amended by inserting immediately after "Postal Service" the following: "or the Department of the Interior, whichever is appropriate,". SEC. 4. Section 2 of the Migratory Bird Conservation Act (16 U.S.C. 715a) is amended by adding at the end thereof the following new sentence: "For purposes of this Act, the purchase or rental of any area of land, water, or land and water includes the purchase or rental of any interest in any such area of land, water, or land and water.". SEC. 5. Paragraph (3) of section 4(b) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(b)(3)) is amended to read as follows: "(3) to acquire lands or interests therein by exchange (A) for acquired lands or public lands, or for interests in acquired or public lands, under his jurisdiction which he finds to be suitable for disposition, or (B) for the right to remove, in accordance with such terms and conditions as he may prescribe, products from the acquired or public lands within the System. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the valuas shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.". Approved February 17, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-335 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-594 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): July 8, considered and passed House. Vol. 122 (1976): Jan. 29, considered ancf passed Senate, amended. Feb. 3, House concurred in Senate amendments with amendments. Feb. 4, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 8 (1976): Feb. 17, Presidential statement.

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 PUBLIC LAW 94-216—FEB. 17, 1976

90 STAT. 191

Public Law 94-216 94th Congress Joint Resolution To "amend the Railroad Revitalization and Regulatory Reform Act of 1976,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 612(m) of the Railroad Revitalization and Regulatory Reform Act of 1976, Public Law 94-210, is amended by striking " (h) " and inserting in lieu thereof " (i) " and by striking " (i) " and inserting in lieu thereof

"(i)"-

.

.

.

.

.

SEC. 2. Section 209(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 719(c)(4)), is amended by striking "February 10, 1976" and inserting in lieu thereof "February 17, 1976". SEC. 3. Section 301(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 741 (i)) is amended by striking "in his capacity as a director of the Corporation" and inserting in lieu thereof "in his capacity as a director of the Association". Approved February 17, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 6, considered and passed Senate. Feb. 9, considered and passed House.

89-194 O—78—pt. 1

16

Feb. 17, 1976 [S.J. Res. 167] Railroad Revitalization and Regulatory Reform Act of 1976, amendments. Ante, p. 107.

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 90 STAT. 192

PUBLIC LAW 94-217—FEB. 27, 1976

Public Law 94-217 94th Congress An Act Feb. 27. 1976 [H.R. 6184]

Bankruptcy referees. Salary-fixing.

2 USC 358 note.

Retired referees, compensation. 11 USC 68.

To amend section 40 of the Bankruptcy Act to fix the salaries of referees in bankruptcy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the portion of section 40 (11 U.S.C. 68) of the Bankruptcy Act which appears before subsection (c) of such section is amended to read as follows: "a. The compensation of referees in bankruptcy shall be as follows: "(1) Each full-time referee in bankruptcy shall receive a salary of $37,800 per annum, subject to adjustment in accordance with section 225 of the Federal Salary Act of 1967 and section 461 of title 28 of the United States Code. "(2) Each part-time referee in bankruptcy shall receive a salary of not more than $18,900 per annum, subject to adjustment in accordance with section 225 of the Federal Salary Act of 1967 and section 461 of title 28 of the United States Code, and subject to further adjustment by the conference, in the light of recommendations of the councils, made after advising with the district judges of their respective circuits, and the Director. In fixing the amount of the salary to be paid to a part-time referee, consideration shall be given to the average number and types of, and the average amount of gross assets realized from, cases closed and pending in the territory which the part-time referee is to serve, during the last preceding period of ten years, and to such other factors as may be material. " (3) Disbursement of salaries of referees shall be made monthly by or pursuant to order of the Director. "b. The conference, in light of the recommendations of the councils, made after advising with the district judges of their respective circuits, and of the Director, may increase or decrease the salary of any parttime referee, within tl:e limit prescribed in subdivision a(2) of this section, if there has been a material increase or decrease in the volume of business or other change in the factors which may be considered material in fixing salaries.". SEC. 2. The next to final sentence of section 40d(2) of the Bankruptcy Act is amended by striking out "However, the rate of compensation" and all that follows down through the end of the sentence and inserting in lieu thereof the following: "However, the rate of compensation of a retired referee assigned to serve on a full-time basis in the territory of a part-time referee shall be the rate of full-time service.". Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-467 (Coram, on the Judiciary). SENATE REPORT No. 94-626 accompanying S. 582 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 23, considered and passed House. Vol. 122 (1976): Feb. 5, considered and passed Senate, in lieu of S. 582.

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 PUBLIC LAW 94-218—FEB. 27, 1976

90 STAT. 193

Public Law 94-218 94th Congress An Act To make the film "Wilma Rudolph Olympic Champion", which was produced by the United States Information Agency, available for certain limited use within the United States in conjunction with promotion of the 1976 Olympic Games.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency shall, upon satisfaction of the conditions established by section 2 of this Act, make available to Cappy Productions, Incorporated, of New York, New York, a master copy of the film entitled "Wilma Rudolph Olympic Clhampion", produced in 1961 by the United States Information Agency, in order that portions of such film may be used in a television program entitled "Women Gold Medal Winners" which is being produced by Cappy Productions, Incorporated, and which will be shown in the United States and elsewhere to promote the 1976 Olympic Games. SEC. 2. The Director of the United States Information Agency may not make available to Cappy Productions, Incorporated, a master copy of the film entitled "Wilma Rudolph Olympic Champion" unless— (1) Cappy Productions, Incorporated, pays to the United States the amount necessary to reimburse the United States for its expenditures in connection with the production of such film; and (2) the Director receives assurances satisfactory to him that— (A) such film will be used solely for purposes of the television program described in the first section of this Act, and (B) such television program will be used solely to promote the 1976 Olympic Games. Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-671 (Comm. on International Relations). SENATE REPORT No. 94-627 (Comm. on Foreign Relations). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 1, considered and passed House. Vol. 122 (1976): Feb. 5, considered and passed Senate.

f eb. 27, 1976 [H.R. 6949]

"Wilma Rudolph Olympic Champion", film. fgyU^o^i™"*'^" Q-„gg ^^P^^

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 90 STAT. 194

PUBLIC LAW 94-219—FEB. 27, 1976

Public Law 94-219 94th Congress An Act Feb. 27. 1976 [H.R. 11645]

To amend the Act of October 19, 1965, to provide additional authorization for the Library of Congress James Madison Memorial Building.

Library of Congress James Madison Memorial Building. Additional authorization. 2 USC 141 note.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section o of the joint resolution entitled "Joint resolution to authovize the Architect of the Capitol to construct the third Library of Congress building in square 732 in the District of Columbia to be named the James INIadison Memorial Building and to contain a ^ladison Memorial Hall, and for other purposes", approved October 19, 1965 (79 Stat. 980; Public Law 89-260), is amended by striking out "$90,000,000-' and inserting in lieu thereof "$123,000,000"'. Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-807 (Coram, on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 17, considered and passed House. Feb. 18, considered and passed Senate.

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 PUBLIC LAW 94-220—FEB. 27, 1976

90 STAT. 195

Public Law 94-220 94th Congress Joint Resolution To amend the effective date of certain provisions of the Defense Production Act Amendments of 1975.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Defense Production Act Amendments of 1975 is amended by striking out section 9 and inserting in lieu thereof the following section: "SEC. 9. This Act and the amendments made by it shall take effect at the close of November 30, 1975, except that the amendment made by section 3 shall take effect upon the one hundred and twentieth day beginning after the date of its enactment.". Approved February 27, 1976.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 2, considered and passed House. Feb. 16, considered and passed Senate.

Feb. 27, 1976 [H.J. Res. 7841

Defense Production Act Amendments of 1975, amendment. 50 USC app. 2158 note. Effective date.

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 90 STAT. 196

PUBLIC LAW 94-221—FEB. 27, 1976

Public Law 94-221 94th Congress An Act Feb. 27, 1976 [S. 270] Elkhart, Kans. Airport property restrictions, release. 49 USC 1716.

To authorize the Secretary of Transportation to release restrictions On the use of certain property conveyed to the city of Ellchart, Kansas, for airport purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding section 16 of the Federal A i r p o r t Act (as in effect on March 11, 1958^, the Secretary of Transportation is authorized, subject to the provisions of section 4 of the Act of October 1, 1949 (50 A p p. U.S.C. 1622c), and the provisions of section 2 of this Act, to g r a n t releases from any of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated March 11, 1958, under which the United States conveyed certain property to the city of E l k h a r t, Kansas, for airport purposes. SEC. 2. Any release granted by the Secretary of Transportation under the first section of this Act shall be subject to the following conditions: (1) The city of E l k h a r t, Kansas, shall agree that in conveying any interest in the property which the United States conveyed to the city by deed dated March 11, 1958, the city will receive an amount for such interest which is equal to the fair market value (as determined pursuant to regulations issued by such Secretary). (2) Any such amount so received by the city shall be used by the city for the development, improvement, operation, or maintenance of a public airport. Approved February 27, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-826 accompanying H.R. 2740 (Coram, on Public Works and Transportation). SENATE REPORT No. 94-257 (Coram, on Coraraerce). CONGRESSIONAL RECORD: Vol. 121 (1975): June 26, considered and passed Senate. Vol. 122 (1976): Feb. 17, considered and passed House, amended, in lieu of H.R. 2740. Feb. 18, Senate concurred in House amendment.

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 PUBLIC LAW 94-222—FEB. 27, 1976

90 STAT. 197

Public Law 94-222 94th Congress An Act To extend the State Taxation of Depositories Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (c) of the State Taxation of Depositories Act (section 7(c) of Public Law 93-100) is amended by striking out "January 1, 1976" and inserting in lieu thereof "September 12, 1976". SEC. 2. Section 2(a) of Public Law 93-100 (12 U.S.C. 1832(a)) is amended by inserting after "Massachusetts" a comma and the following: "Connecticut, Rhode Island, Maine, Vermont,". SEC. 3. (a) Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by redesignating subsections (p), (q), and (r) as subsections (r), (s), and (t), respectively, and by adding after subsection (o) the following: "(p) The term 'discount' as used in section 167 means a reduction made from the regular price. The term 'discount' as used in section 167 shall not mean a surcharge. "(q) The term 'surcharge' as used in section 103 and section 167 means any means of increasing the regular price to a cardholder which is not imposed upon customers paying by cash, check, or similar means.". (b) Section 130(f) of the Truth in Lending Act (15 U.S.C. 1640(f)) is amended to read as follows: "(f) No provision of this section or section 112 imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Board or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretations or approvals under such procedures as the Board may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.". (c)(1) Section 167(a) of the Truth in Lending Act (15 U.S.C. 1666f) is amended by inserting " (1) " immediately after " (a) " and by adding at the end thereof the following new paragraph: "(2) No seller in any sales transaction may impose a surcharge on a cardholder who elects to use a credit card in lieu of payment by cash, check, or similar means.". (2) The amendment made by paragraph (1) shall cease to be effective upon the expiration of three years after the date of enactment of this Act.

^ Feb. 27, 1976 [S. 2672] State taxation of depositories. Extension. 12 USC 548 note.

"Discount." 15 USC 1666f. "Surcharge."

15 USC 1611.

Credit card surcharge, prohibition. Expiration date. 15 USC 1666f note.

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 90 STAT. 198

Effective date. 12 USC 548 note.

PUBLIC LAW 94-222—FEB. 27, 1976 (d) Section 171 of the Truth in Lending Act (15 U.S.C. 1666j) is amended by adding at the end thereof the following new subsection: "(c) Notwithstanding any other provisions of this title, any discount offered under section 167(b) of this title shall not be considered a finance charge or other charge for credit under the usury laws of any State or under the laws of any State relating to disclosure of information in connection with credit transactions, or relating to the types, amounts or rates of charges, or to any element or elements of charges permissible under such laws in connection with the extension or use of credit.". SEC. 4. The first section of the Act takes effect on January 1, 1976. Approved February 27, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-472 (Comm. on Banking, Housing and Urban Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 8, considered and passed Senate. Dec. 16, considered and passed House, amended. Vol. 122 (1976): Feb. 6, Senate concurred in House amendment with amendments. Feb. 9, House agreed to Senate amendments.

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