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 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 831

in the National Archives of the Ignited States, a master copy of each of the films described in subsection (b) and 150 copies of the exhibit described in subsection (c) and the Administrator shall provide for the distribution of copies of such films and such exhibit for public viewing within the United States in conjunction with the commemoration of the American Revolution Bicentennial. (b) The films referred to in subsection (a) are the following films Films. which were prepared by the United States Information Agency: (1) "Echoes'', a film sketching the aspirations of American democracy as evoked by heroes and leaders of the past. (2) "Santa Fe", a film dealing with the historical and social development of Santa Fe, New Mexico, and the surrounding countryside, and with the influence of Spanish, Indian, and Mexican culture on life in the United States Southwest. (3) "The Numbers Start With the River", a film depicting the quality of life in a small midwestern American town as seen through the eyes of two elderly, lifelong residents of the town. (4) "The Copland Portrait", a film depicting the life, work, and music of American composer Aaron Copland, including his early student years and early interest in music, his current work with young composers, and his still energetic public performance schedule. (5) "200", an impressionistic animated cartoon tracing the past two centuries of the development of America. (6) "Rendezvous", a film portraying the frontier life of American fur trappers. (7) "Century III—The Gift of Life", a film describing the advances that have been made in the United States, and the prospects for future such advances, in medical techniques such as organ transplants, prosthesis, and immunology. (c) The exhibit referred to in subsection (a) is the exhibit, prepared by the United States Information Agency, entitled "Life, Liberty, and the Pursuit of Happiness". Such exhibit is a collection of pictures and captions, derived primarily from documents contemporaneous with the events represented, depicting early cultural life in the United States and tracing the early economic growth of the United States, the expansion westward, the development of the democratic spirit, and the establishment of American government and legal institutions. VOICE o r AMERICA BROADCASTS

SEC. 206. Title V of the United States Information and Educational Exchange Act of 1948 is amended by adding the following new section: "SEC. 503. The long-range interests of the United States are served 22 USC 1463. by communicating directly with the peoples of the world by radio. To be effective, the Voice of America (the Broadcasting Service of the United States Information Agency) must win the attention and respect of listeners. These principles will therefore govern Voice of America (VOA) broadcasts: "(1) VOA will serve as a consistently reliable and authoritative source of news. VOA news will be accurate, objective, and comprehensive. "(2) VOA will represent America, not any single segment of American society, and will therefore present a balanced and comprehensive projection of significant American thought and institutions. 9-194 O—78—pt. 1

56

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Page:United States Statutes at Large Volume 90 Part 1.djvu/882

 90 STAT. 832

PUBLIC LAW 94-350—JULY 12, 1976 "(3) VOA will present the policies of the United States clearly and effectively, and will also present responsible discussion and opinion on these policies.". u

.

4,i

TITLE III—BOAED FOR INTERNATIONAL BROADCASTING AUTHORIZATION OF APPROPRIATIONS

22 USC 2877.

SEC. 301. Section 8 of the Board of International Broadcasting Act of 1973 is amended to read as follows: bi>

22 USC 2872.

AUTHORIZATION OF APPROPRIATIONS

"SEC. 8. (a) There are authorized to be appropriated to carry out the purposes of this Act for fiscal year 1977— "(1) $58,385,000, of which $5,000,000 shall be available only to the extent that the Director of the Office of Management and Budget determines (and so certifies to the Congress) is necessary, because of downward fluctuations in foreign currency exchange rates in order to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty; and " (2) such additional amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs. Amounts appropriated under this section are authorized to remain available until expended. "(b) The Director of the Office of Management and Budget shall place in reserve and inform the Congress of any amount appropriated under this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty.". SEC. 302. (a) Section 3(b) of the Board for International Broadcasting Act of 1973 is amended— (1) in paragraph (1) — (A) in the first sentence, by striking out "seven members, two of whom shall be ex officio members" and inserting in lieu thereof "six members, one of whom shall be an ex officio member", and (B) in the fourth sentence, by striking out "the chief operating executive of Radio Liberty shall be ex officio members" i and inserting in lieu thereof "Radio Liberty shall be an ex officio member"; (2) by amending paragraph (4) to read as follows: "(4)

TERM OF OFFICE OF THE E X OFFICIO MEMBER.—The ex officio

member of the Board shall serve on the Board during his term of service as chief operating executive of Radio Free Europe and Radio Liberty."; and (3) in the third sentence of paragraph (5), by striking out "Ex officio members" and inserting in lieu thereof "The ex officio member". (b) Section 3 of such Act is further amended by adding at the end thereof the following new subsection: Supplies, services "(c) The Board may, to the extent it deems necessary to carry out and personal its functions under this Act, procure supplies, services, and other property, personal property, including specialized electronic equipment.". procurement.

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


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 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 833

(c) Paragraph (8) of section 4(a) of such Act is amended— 22 USC 2873. (1) by striking out "30th day of October" and inserting in lieu thereof "31st day of January"; and (2) by striking out "June" and inserting in lieu thereof "September". , -TITLE IV—MISCELLANEOUS J A P A N - UNITED STATES F R I E N D S H I P ACT

SEC. 401 The Japan-United States Friendship Act (Public Law 94-118) is amended— (1) in paragraph (10) of section 6 by striking out "from the Secretary of State, on a reimbursable basis,"; (2) in section 3(d) by striking out the period at the end thereof and inserting in lieu thereof ", including interest and proceeds accruing to the Fund from such funds in accordance with sections 6(4) andTof this Act."; (3)(A) in section 3(e)(1) by striking out the period at the end thereof and inserting in lieu thereof "and interest and proceeds accruing to the Fund from such funds in accordance with sections 6 (4) and 7 of this Act."; and (B) in section 7(b) by inserting "of amounts authorized to be appropriated under section 3(d) of this Act" immediately after "investment" in the second sentence.

r

22 USC 2901 ^^^rycp OQAC 22 USC 2902.

.i 22 USC 2906.

FOREIGN CURRENCY REPORTS

SEC. 402. Section 502(b) of the Mutual Security Act of 1954 is 22 USC 1754. amended by adding at the end thereof the following new sentence: "Each such consolidated report shall be published in the Congressional Eecord within ten legislative days after it is forwarded pursuant to this subsection.". R E P O R TO N INTERNATIONAL BROADCASTING

SEC. 403. Not later than January 31, 1977, the President shall submit to the Congress a report— (1) recommending steps to be taken to utilize more effectively the transmission facilities for international broadcasting, both existing and planned, of the United States Government; (2) examining the feasibility of greater cooperation with foreign countries to insure mutually efficient use of nationally owned and nationally funded transmission facilities for international broadcasting; (3) containing a comprehensive outline of projected needs for United States international broadcasting operations based on anticipated language requirements and anticipated cooperation among various agencies of the United States Government, United States Government-funded organizations, and foreign governments involved in international broadcasting; and (4) recommending steps which should be taken to extend broadcasting operations similar to those carried out under the Board for International Broadcasting Act of 1973 to additional countries where access to information is restricted by the policies of the governments of such countries.

Report to Congress. 22 USC 2871 °° ® "

22 USC 2871 "°*®-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/884

 90 STAT. 834 Foreign Service Retirement Amendments of 1976. 22 USC 801 note.

PUBLIC LAW 94-350—JULY 12, 1976 TITLE V — F O K E I G ^ SERVICE RETIREMENT SHORT TITLE

SEC. 500, This title may be cited as the "Foreign Service Retirement Amendments of 1976". FOREIGN SERVICE STAFF PARTICIPATION"

22 USC 1063.

SEC. 501. (a) Section 803 of the Foreign Service Act of 1946 is amended by adding the following paragraph at the end of subsection (a) thereof: "(4) All Foreign Service staff officers and employees appointed by the Secretary of State or the Director of the United States Information Agency with milimited appointments.". (b) Section 803 of such Act is further amended by changing the reference at the end of subsection (b)(2) from "852(b)" to "811". (c) Section 803 of such Act is further amended by striking out subsection (c) thereof. DEFINITIONS

22 USC 1064.

SEC. 502. (a) The caption of section 804 of such Act is amended to read "DEFINITIONS".

,

22 USC 1086. Post, p. 840.

^

)

,:

(b) Section 804 of such Act is amended by striking out all of such section except paragraph s (4), (5), and (6) of subsection (b) and inserting in lieu thereof the following: " W h e n used in this title unless otherwise specified, the term— " (1) ' A n n u i t a n t ' means any person including a former participant or survivor who meets all requirements for an annuity from the F u n d under the provisions of this or any other Act and who has filed claim therefor. " (2) 'Surviving spouse' means the surviving wife or husband of a participant or annuitant who, in the case of a death in Service or marriage after retirement, was married to the participant or annuitant for at least two years innnediately preceding his or her death or is the parent of a child born of the marriage. " (3) 'Child', except in section 841, means an unmarried child, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support. I n addition to the offspring of the participant, such term includes (A) an adopted child, (B) a stepchild or recognized n a t u r a l child who received more than one-half support from the participant, and (C) a child who lived with and for whom a petition of adoption was filed by a participant, and who is adopted by the surviving spouse of the participant after the latter's death. Such term also includes an unmarried student below the age of twenty-two years. For this purpose a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while a student is deemed to have become twenty-two years of age on the first day of July after that birthday. " (4) 'Student' means a child regularly pursuing a full-time course of study or t r a i n i n g in residence in a high school, trade school, technical or vocational institute, junior college, college, vmiversity, or comparable recognized educational institution. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years, semesters, or terms if the interim or other period of nonattendance does not exceed five calendar months and if the child shows to the satisfaction of the Secretary that he or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/885

 PUBLIC LAW 94-350—JULY 12, 1976

'

90 STAT. 835

she has a bona fide intention of continuing to pursue such course during the school year, semester, or term immediately following the interim. "(5) 'Military and naval service'means honorable active service— " (A) in the Armed Forces of the United States; ., "(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or "(C) as a commissioned officer of the National Oceanic and Atmospheric Administration or predecessor organization after June 30, 1961; but does not include service in the National Guard except when ordered to active duty in the service of the United States. "(6) 'Foreign Service normal cost' means the level percentage of payroll required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government employees and less the cost of credit allowed for military service.". (c) Section 804 of such Act is further amended by redesignating 22 USC 1064. present paragraphs (4), (5), and (6) of subsection (b) as paragraphs (7), (8), and (9), respectively. CONFORMITY AVITH CIVIL SERVICE RETIREMENT SYSTEM

SEC. 503. Immediately after section 804 of such Act, insert the followins; new section: "AUTHORITY TO M A I N T A I N EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND FOREIGN SERVICE RETIREMENT SYSTEMS

"SEC. 805. (a) In order to maintain existing conformity between the 22 USC 1065. Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, whenever (subsequent to January 1, 1974) a law is enacted which affects a provision of general applicability in the Civil Service Retirement and Disability System (subchapter III, chapter 83, title 5, United States Code) or otherwise 5 USC 8331. affects current or former participants, annuitants, or survi\ois under that System which, immediately prior to the enactment of such law, had been substantially identical to a correspoiuling provision of law affecting participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System, such new • t; provision of law shall be deemed to extend to the lattei- System so that it applies in like manner with respect to such Foreign Service Retirement and Disability System participants, former jiarticipants, annuitants, or survivors. The President is authorized by P^xecutive order to Regulations. prescribe regulations to implement this section and to make such extension retroactive to a date no earlier than the effective date of such provision for the Civil Service Retirement and Disability System. "(b) Any provisions of an Executive order issued under the authority of this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith— "(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and "(2) any prior provision of an Executive order issued under authority of this section.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/886

 90 STAT. 8 3 6

PUBLIC LAW 94-350—JULY 12, 1976 CONTRIBUTIONS

SEC. 504. (a) The heading of part B of title VIII of such Act is amended to read "CONTRIBUTIONS TO THE F U N D ".

22 USC 1071. Transfer.

 * i.,:i>[

Special contribution.

""'' - ;

.

>r;

5 USC 8331.

^.105-'.;•

Interest rate.

Ante, p. 834.

(b) Section 811 of such Act is amended by adding the following at the end thereof: " (c)(1) If an officer or employee under another retirement system for Government employees becomes a participant in the system by direct transfer, such officer or employee's total contributions and deposits that would otherwise be refundable on separation including interest accrued thereon, except voluntary contributions, shall be transferred to the F u n d effective as of the date such officer or employee becomes a participant in the System. E a c h such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system. " (2) No officer or employee, whose contributions are transferred to the F u n d in accordance with the provisions of subsection (c)(1) of this section, shall be required to make contributions in addition to those transferred, for jieriods of service foi' which required contributions were made to the other Government retirement fund, n o r shall any refund be made to any such officer or employee on account of contributions made during any period to the other Government retirement fund, at a higher rate than that fixed by subsection (d) of this section. " (d) Any participant credited with civilian service after July 1, 1924 (1) for which no retirement contributions, deductions, or deposits have been made, or (2) for which a refund of such contributions, deductions, or deposits has been made which has not been redeposited, may make a special contribution to the F u n d equal to the following percentages of basic salary received for such services: Service: From July 1, 1921, to October 15, 1960, inclusive From October 16, 1960, to December 31, 1969, inclusive On and after January 1, 1970

Percent of basic salary 5 6i/^ 7

Notwithstanding the foregoing, a special conti-ibution for prior nondeposit service as a National Guard technician which would be creditable under subchapter III, chapter 83, title 5, of the United States Code toward civil service retirement and for which a special contribution has not been made, shall be equal to the special contribution for such service computed in accordance with the above schedule multiplied by the percentage of such service that is creditable under section 851. Special contributions shall include interest computed from the midpoint of each service period included in the computation, o r from the date refund was paid, to the date of payment of the special contribution or commencing date of annuity, whichever is earlier. Interest shall be compounded at the rate of 4 per centum per annum to December 31, 1976, and a t 3 p e r centum per annum thereafter. No interest shall be charged on special contributions made after the effective date of the Foreign Service Retirement Amendments of 1976 for any period of separation from Government service which began before October 1, 1956. Special contributions may be paid in installments when authorized by the Secretary. " (e) No contributions shall be required for any periods of military or naval service.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/887

 PUBLIC LAW 94-350—JULY 12, 1976 " (f) A participant or survivor may make a special contribution any time before receipt of annuity and may authorize payment by offset against initial annuity accruals.".

90 STAT. 837

^

COMPUTATION OF A N N U I T I E S

SEC. 505. (a) The heading of part C of title VIII of such Act is amend to read "COMPUTATION AND P A Y M E N T OF A N N U I T I E S ".

(b) Subsection (a) of section 821 of such Act is amended (1) by 22 USC 1076. fj; striking out the phrase "for which full contributions have been made to the F u n d " each time it appears and by striking out the commas immediately preceding and following such phrase the first time it appears, (2) by striking out ", 852", and (3) by adding the following sentence a t the end thereof: " The annuity shall be reduced by 10 per centum of any special contribution described in section 811(d) due for ^^^«' P- ^36. service for which no contributions were made and remaining unpaid unless the participant elects to eliminate the service involved for purposes of annuity computation.". (c) Subsection (b) of section 821 of such Act is amended to read as follows: " (b)(1) Unless elected in writing to the contrary a t the time of retirement, any married participant shall receive a reduced annuity and provide a maximum survivor annuity for his or h e r spouse. Such a participant's annuity or any portion thereof designated in writing by the participant as the base for the survivor benefit shall be reduced by 21/^ per centum of the first $3,600 plus 10 per centum of any amount over $3,600. I f an annuitant entitled to receive a reduced annuity ^ under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse equal to 55 per centum of the full amount of the participant's annuity computed under subsection (a) of this section, o r by 55 per centum of any lesser amount the a n n u i t a n t designated at the time of retirement as the base for the survivor benefit. " (2) A n annuity payable from the F u n d to a surviving spouse shall commence on the d a y after the annuitant dies and shall terminate on the last day of the month before the survivor's (A) remarriage prior to attaining age sixty, or (B) death. I f a survivor annuity is terminated because of remarriage under clause (A) above, it shall be restored a t the same rate commencing on the date such remarriage is terminated = cr provided any lump sum paid upon termination of the annuity is returned to the Fund.". (d) Subsection (d) of section 821 of such Act is amended by adding the following sentence at the end thereof: " I f the annuity to a surviv;. <. > i n g child is initiated o r resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities to all currently eligible children in the family were then being initiated.". .;,.;.,,, (e) Subsection (e) of section 821 of such Act is amended to read as ' follows: " (e) The annuity payable to a child under subsection (c) or (d) of this section shall begin on the day after the participant dies or if the child is not then qualified, on the first day of the month in which the child becomes eligible. A child's annuity shall terminate on the %/«#' last d a y of the month which precedes the month in which eligibility ceases.". (f) Subsection (f) of section 821 of such Act is amended (1) by striking out "50" in the first sentence and inserting in lieu thereof "55", and (2) by striking out the last t w o sentences and inserting in lieu thereof the following: " The annuity payable to a beneficiary under

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Page:United States Statutes at Large Volume 90 Part 1.djvu/888

 90 STAT. 838

22 USC 1076.

22 USC 1064.

Post, p. 843.

PUBLIC LAW 94-350—JULY 12, 1976 the provisions of this subsection shall begin on the day after the annuitant dies and shall terminate on the last day of the month preceding the survivor's death.". (g) Section 821 of such Act is further amended by adding the following new subsections at the end thereof: "(g) An annuitant who was married at retirement and who later marries may, within one year after such marriage, irrevocably elect in writing a reduced annuity with benefit to any surviving spouse who qualifies under section 804(2). Receipt by the Secretary of notice of an election under this subsection voids prospectively any election previously made under subsection (f). The reduction in annuity required by an election under this subsection shall be computed and the amount of the survivor annuity shall be determined as if the election were made under subsection (b)(1). The annuity reduction or recomputation shall be effective the first day of the month after notice of the election is received by the Secretary. "(h) A surviving spouse shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the Fund unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retirement system for Government employees. "(i) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under section 871 shall, unless the annuitant elects in writing to the contrary at that time, have the supplemental annuity reduced by 10 per centum to provide a supplemental survivor annuity for his or her spouse. Such supplemental survivor annuity shall be equal to 65 per centum of the annuitant's supplemental annuity and shall be payable to a surviving spouse to whom the annuitant was married at the time of reversion to retired status or to whom the annuitant had been married for at least two years at the time of death or who is the parent of a child born of the marriage.". PAYMENT OF A N N U I T I E S

SEC. 506. Part C of title VIII of such Act is further amended by adding the following new section at the end thereof: P A Y M E N T OF A N N U I T Y

22 USC 1076a.

22 USC 1084. Application.

Waiver.

"SEC. 822. (a) Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under section 834 or under any other section of this Act shall begin on the day he or she reaches age sixty. "(b) The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application therefor supported by such proof of eligibility as the Secretary may require. If such application or proof of eligibility is not submitted during an otherwise eligible person's lifetime, no annuity shall be due or payable to his or her estate. "(c) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Secretary. The wai\er may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.

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 PUBLIC LAW 94-350—JULY 12, 1976 "(d) Recovery of overpayments under this title may not be made from an individual when, in the judgment of the Secretary, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.".

90 STAT. 839 >• * Li i-

DISABILITY A N N U I T I E S

SEC. 507. Section 831 of such Act is amended— 22 USC 1081., (1) in subsection (a) thereof by striking out "that is credited in accordance with provisions of section 851 or 852(a)(2)"; (2) in subsection (c) thereof by striking out " (a) " following "section 841"; (3) by amending subsection (d) thereof to read as follows: "(d) No participant shall be entitled to receive an annuity under this Act and compensation for injury or disability to himself or herself under subchapter I of chapter 81, title 5, United States Code, 5 USC 8101. covering the same period of time except that a participant may simultaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5, United States Code. This provision shall not bar the right of any claimant to the greater benefit conferred by either this Act or such subchapter for any part of the same period of time. Neither this provision nor any provision of such subchapter shall be so construed as to deny the right of any participant to receive an annuity under this Act and to receive concurrently any payment under such subchapter by reason of the death of any other person."; and ^r j (4) in subsection (e) thereof by striking out "section 14 of the Act of September 16, 1916, as amended" and inserting in lieu thereof "section 8135 of title 5, United States Code". DEATH I N SERVICE

SEC. 508. (a) Section 832 of such Act is amended by amending sub- 22 USC 1082. sections (a), (b), (c), and (d) to read as follows: "(a) If a participant dies and no claim for annuity is payable under the provisions of this Act, the lump-sum credit shall be paid in accordance with section 841. Post, p. 840. "(b) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a spouse, such surviving spouse shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of subsection (e) of this section and of section 821(a) and if the participant 22 USC 1076. had less than three years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service. "(c) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(1) and (d) of section 821. "(d) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c)(2) and (d) of section 821.".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/890

 90 STAT. 840 22 USC 1082. 22 USC 915.

Post, p. 843.

22 USC 1076.

PUBLIC LAW 94-350—JULY 12, 1976 (b) Section 832 of this Act is further amended by adding the following new subsections at the e n d: " (f) I f an annuitant who elected a reduced annuity dies in service after being recalled under section 520(b) and is survived by a spouse entitled to a survivor annuity based on such an election, such survivor annuity shall be computed as if the recall service h a d otherwise terminated on the day of death and the deceased's annuity h a d been resumed in accordance with section 871. If such a death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse, in addition to any other benefits, shall be entitled to elect, in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under section 821(i) as if the recall service had otherwise terminated. I f the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse may elect, in lieu of any other benefit under this title, to have the annuitant's rights redetermined and to receive a survivor annuity computed under subsection (b) of this section on the basis of the annuitant's total service. " (g) Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b) (2), (e), or (h) of section 821, as appropriate.". DISCONTINUED SERVICE

22 USC 1084.

TECHNICAL CHANGE

SEC. 509. Section 834 of such Act is amended (1) by striking out " (a) " immediately following " SEC. 834."; (2) by striking out " that is credited in accordance with the provisions of section 851 or 852(a) (2) " in subsection (a) thereof; and (3) by striking out subsection (b) thereof. L U M P - S U M PAYMENTS

SEC. 510. Part E of title VIII of such Act is amended to read as follows: "PART E — L U M P - S U M

"Lump-sum credit." 22 USC 1086.

rtvOi M

contributions returned.

PAYMENTS

" SEC. 841. (a) 'Lump-sum credit' as used in this title means the compulsory and special contributions to a participant's or former participant's credit in the F u n d plus interest thereon compounded at 4 per centum per annum to the date of separation or December 31, 1976, whichever is earlier, and after such date for a participant who separates from the Service after completing at least one year of civilian service and before completing five years of such service, at the rate of 3 per centum per annum to the date of separation. Interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an a n n u i t a n t for recall service or other service performed after the date of separation which forms the basis for annuity. " (b) Whenever a participant becomes separated from the Service without becoming eligible for an annuity or a deferred annuity in accordance with the provisions of this Act, the lump-sum credit shall be paid to the participant. " (c) Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under section 871, the annuitant's compulsory contributions to the F u n d for such service together with

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Page:United States Statutes at Large Volume 90 Part 1.djvu/891

 PUBLIC LAW 94-350—JULY 12, 1976 any special contributions the annuitant may have made for other service performed after the date of separation from the Service which forms the basis for annuity, shall be returned. "(d) If all annuity rights under this title based on the service of a deceased participant or annuitant terminate before the total annuity jDaid equals the lump-sum credit, the difference shall be paid in the order of precedence shown in subsection (g) of this section. "(e) If a participant or former participant dies and is not survived by a person eligible for an annuity under this title or by such a person or persons all of whose annuity rights terminate before a claim for survivor annuity is filed, the lump-sum credit shall be paid in accordance with subsection (g) of this section. "(f) If an annuitant who was a former participant dies, annuity accrued and unpaid, shall be paid in accordance with subsection (g) of this section. "(g) Payments authorized in subsections (d) through (f) of this section shall be paid in the following order of precedence to such person or persons surviving the participant and alive on the date entitlement to the payment arises, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person: "(1) to the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing received by the Secretary prior to the participant's death, for which purpose a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect; "(2) if there be no such beneficiary, to the surviving wife or husband of such participant; "(3) if none of the above, to the child or children of such participant (including adopted and natural children but not stepchildren) and descendants of deceased children by representation; "(4) if none of the above, to the parents of such participant or the survivor of them; "(5) if none of the above, to the duly appointed executor or administrator of the estate of such participant; and "(6) if none of the above, to other next of kin of such participant as may be determined in the judgment of the Secretary to be legally entitled thereto, except that no payment shall be made pursuant to this paragraph (6) until after the expiration of thirty days from the death of the participant or annuitant. " (h) Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant; second, if there is no such executor or administrator, payment may be made, after the expiration of thirty days from the date of death of such survivor annuitant, to such person^as may be determined by the Secretary to be entitled under the laws of the survivor annuitant's domicile at the time of death. " (i) Amounts deducted and withheld from basic salary of a participant under section 811 from the beginning of the first pay period after the participant has completed thirty-five years of service computed under sections 851 and 853, but excluding service credit for unused sick leave under subsection (b) of section 851, together with interest on the amounts at the rate of 3 per centum a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under subsection (d)

90 STAT. 841 > *' ', ~

>

,,

..'' ~-:i'v;'t>^-

22 USC 1071. Post, p. 842. 22 USC 1093.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/892

 90 STAT. 842 Ante, p. 836.

PUBLIC LAW 94-350—JULY 12, 1976 of section 811, and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection (g) of this section.". CREDITABLE SERVICE

22 USC 1091.

Special contribution.

SEC. 511. (a) The heading of section 851 of such Act is amended to read as follows: "CREDITABLE SERVICE". (b) Subsection (a) of section 851 of such Act is amended to read as follows: "(a) Except as otherwise specified by law, all periods of civilian and military and naval service and periods of absence and separation therefrom completed by a participant through the date of final separation from the Service that would be creditable, as determined by the Secretary, under section 8332 of title 5, United States Code, toward retirement under the Civil Service Retirement and Disability System, if performed by an employee under that system, shall be creditable for purposes of this title. Conversely, any such service performed after December 31, 1976, that is not creditable under specified conditions under section 8332 of title 5, United States Code, shall be excluded under this title under the same conditions.". (c) Section 851 of such Act is further amended by adding the following new subsections at the end thereof: "(c)(1) A participant who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of Government employees may, within sixty days after entering on that leave without pay, file with the employing agency an election to receive full retirement credit for such periods of leave without pay and arrange to pay concurrently into the Fund through the employing agency, amounts equal to the retirement deductions and agency contributions on the Foreign Service salary rate that would be applicable if the participant were in a pay status. If the election and all payments provided by this subsection are not made for the periods of such leave without pay occurring after the effective date of this subsection, the participant may not receive any credit for such periods of leave without pay occurring after such date. "(2) A participant may make a special contribution for any period or periods of approved leave without pay while serving, before the effective date of this subsection, as a full-time officer or employee of an organization composed primarily of Government employees. Any such contribution shall be based upon the suspended Foreign Service salary rate, and shall be computed in accordance with section 811. A participant who makes such a contribution shall be allowed full retirement credit for the period or periods of leave without pay. If this contribution is not made, up to six months' retirement credit shall be allowed for such periods of leave without pay each calendar year. "(d) A participant who has received a refund of retirement contributions (which has not been repaid) under this or any other retirement system for Government employees covering service which may be creditable may make a special contribution for such service pursuant to section 811. Credit may not be allowed for service covered by the refund unless the special contribution is made. "(e) No credit in annuity computation shall be allowed for any period of civilian service for which a participant made retirement contributions to another retirement system for Government employees unless (1) the right to any annuity under the other system which is

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Page:United States Statutes at Large Volume 90 Part 1.djvu/893

 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 843

based on such service is waived, and (2) a special contribution is made covering such service pursuant to section 811. 22 USC 1071. "(f) A participant who during the period of a war, or of a national emergency as proclaimed by the President or declared by the Congress, leaves the Service to enter the military service is deemed, for the purpose of this title, as not separated from the Service unless the participant applies for and receives a lump-sum payment under section 841. However, the participant is deemed to be separated from Ante, p. 840. the Service after the expiration of five years of such military service.". F U N D I N G NORMAL COST

SEC. 512. Section 865 of such Act is amended (1) by inserting " (a) " 22 USC 1105. immediately after "SEC. 865.", and (2) by adding the following new subsection at the end thereof: "(b) There is authorized to be appropriated to the Fund for each fiscal year an amount equal to the amount of the Foreign Service normal cost for that year which is not met by contributions to the Fund under section 811(a).". A N N U I T Y ADJUSTMENT FOR RECALL SERVICE

SEC. 513. Section 871 of such Act is amended to read as follows:

22 USC n i l.

uA N N U I T Y ADJUSTMENT FOR RECALL SERVICE

" SEC. 871. Any annuitant recalled to duty in the Service in accordance with the provisions of section 520(b) ^hall, while so serving, be Post, p. 845. entitled in lieu of annuity to the full salary of the class in which serving. During such service, the recalled annuitant shall make contributions to the F u n d in accordance with the provisions of section 811. O n the day following termination of the recall service, the former annuity shall be resumed adjusted by any cost-of-living increases under section 882 that became effective during the recall period. If the Post, p. 844. recall service lasts less than one year, the annuitant's contributions to the F u n d during recall service shall be refunded in accordance with section 841. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 821 on the basis of service credit and average salary Ante, p. 837. earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least five years, the annuitant may elect to have his or her annuity determined anew under section 821 in lieu of any other benefits under this section. Any annuitant who is recalled under section 520(b) may, upon written application, count as recall service any prior service that is creditable under section 851 that was performed after the >r separation upon which his or her annuity is based.". VOLUNTARY

CONTRIBUTIONS

SEC. 514. (a) Section 881(a) of such Act is amended by striking out 22 USC 1116. that portion of such section which precedes paragraph (1) and inserting in lieu thereof the following: "(a) The Voluntary contribution account shall be the sum of unre- Interest rate, funded amounts heretofore voluntarily contributed by any participant or former participant under this section or under a prior corresponding provision of law, plus interest compounded at the rate of 3 per centum per annum to date of separation from the Service or in case of a participant or former participant separated with entitlement to

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Page:United States Statutes at Large Volume 90 Part 1.djvu/894

 90 STAT. 844

22 USC 1116. Lump-sum payment.

Ante, p. 840.

PUBLIC LAW 94-350—JULY 12, 1976 a deferred annuity to the date the voluntary contribution account is claimed, or to the commencing date fixed for the deferred annuity or to the date of death, whichever is earlier. A participant's or former participant's account shall, effective on the date the participant becomes eligible for an annuity or a deferred annuity and at the participant's election, be—". (b) Section 881 of such Act is further amended by striking out subsections (c) and (d) thereof and by inserting in lieu thereof the following: "(c) A voluntary contribution account shall be paid in a lump sum following receipt of an application therefor from a present or former participant provided application is filed prior to payment of any additional annuity. If not sooner paid, the account shall be paid at such time as the participant separates from the Service for any reason without entitlement to an annuity, or a deferred annuity or at such time as a former participant dies or withdraws compulsory contributions to the Fund. In case of death, the account shall be paid in the order of precedence specified in section 841(g).". COST-OF-LIVING

22 USC 1121.

ty

Eligibility.

22 USC 1004.

,„j,,,,^

ADJUSTMENTS

SEC. 515. (a) Subsections (a), (b), and (c) of section 882 of such Act are amended to read as follows: " (a) A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under section 8340(b) of title 5, United States Code. E a c h such increase shall be applied to each annuity payable from the F u n d which has a commencing date not later than the effective date of the increase. " (b) The first annuity increase under this section after the effective date of this paragraph shall equal the per centum rise in the price index, adjusted to the nearest one-tenth of 1 p e r centum, between the month last used to establish an increase under this section and the base month used to establish the concurrent increase under section 8340(b) of title 5, United States Code. E a c h subsequent annuity increase under this section shall be identical to the corresponding percentage increase under section 8340(b) of title 5, United States Code. " (c) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the F u n d as of the effective date of an increase except as follows: " (1) A n annuity, except a deferred annuity under section 834 or any other section of this Act, payable from the F u n d to a participant who retires and receives a n immediate annuity, or to a surviving spouse of a deceased participant who dies in service or who dies after being separated under the provisions of section 634(b)(2), which has a commencing date after the effective date of the then last preceding general annuity increase under this section shall not be less than the annuity which would have been payable if the commencing date of such annuity h a d been the effective date of such last preceding increase. I n the administration of this paragraph, the number of days of unused sick leave to an employee's or deceased employee's ciedit on the effective date of the then last preceding general annuity increase under this section shall be deemed to be equal to the number of days of unused sick leave to his or her credit on the day of separation from the Service. " (2) Effective from its commencing date, an annuity payable from the F u n d to an annuitant's survivor, except a child entitled

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Page:United States Statutes at Large Volume 90 Part 1.djvu/895

 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 845

under section 821(c) or 832 (c) or (d), shall be increased by the total per centum increase the annuitant was receiving under this section at death. " (3) For purposes of computing or recomputing an annuity to a child under section 821(c) or (d) or 832 (c) or (d), the items $900, $1,080, $2,700 and $3,240 appearing in section 821(c) shall be increased by the total per centum increases by which corresponding amounts are being increased under section 8340 of title 5, United States Code, on the date the child's annuity becomes effective.", (b) Section 882 of such Act is further amended by adding the following now subsection at the end thereof: " (f) Effective the first day of the second month which begins after the effective date of the Foreign Service Retirement Amendments of 1976 or on the commencing date of an annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity resulted from the death— " (1) before the effective date of the Foreign Service Retirement Amendments of 1976, of (A) a participant, or (B) a former participant entitled to benefits under section 634(b); or " (2) of an annuitant who, prior to the effective date of the Foreign Service Retirement Amendments of 1976, elected a reduced annuity under this or any other Act in order to provide a spouse's survivor a n n u i t y; shall be increased by 10 per centum.".

22 USC 1076. ^"'«' P- ^^'^•

.

\, '

22 USC 1121.

Ante, p. 834.

22 USC 1004.

REPEALS

SEC. 516. Sections 833, 852, and 854 of such Act are repealed.

22 USC 1083, 1092, 1094.

RECALL

SEC. 517. (a) The caption of section 520 of such Act is amended to

22 USC 915.

read "REAPPOINTMENT AND RECALL".

(b) Subsection (b) of section 520 of such Act is amended to read as follows: " (b) Whenever the Secretary determines it to be in the public interest, any retired officer or employee of the Service may be recalled for active duty on a temporary or limited basis to any appropriate class in his or her former category, except that a retired Foreign Service officer may not be recalled to a class higher than he or she held at the time of retirement unless appointed to the higher class by the President by and with the advice and consent of the Senate.". RETIREMENT OF CAREER

AMBASSADORS

SEC. 518. Section 631 and the heading thereto of such Act are amended to read as follows: "FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS

'

22 USC 1001. '

" SEC. 631. Any Foreign Service officer who is a career ambassador, other than one occupying a position as chief of mission or any other position to which appointed by the President, by and with the advice and consent of the Senate, shall be retired from the Service at the end of the month in which the officer reaches age sixty-five and receive retirement benefits in accordance with the provisions of section 821, Ante, p. 837. but whenever the Secretary shall determine it to be in the public interest, such an officer may be retained on active service for a period

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Page:United States Statutes at Large Volume 90 Part 1.djvu/896

 90 STAT. 846

PUBLIC LAW 94-350—JULY 12, 1976 not to exceed five years. Any such officer who completes a period of authorized service after reaching age sixty-five shall be retired at the end of the month in which such service is completed.". RETIREMENT OF TARTICIPx^NTS W H O ARE NOT CAREER AMBASSADORS

22 USC 1002.

SEC. 519. Section 632 of such Act is amended to read as follows: "PARTICIPANTS

IN

THE

FOREIGN

SERVICE

RETIREMENT

AND

DISABILITY

SYSTEM W H O ARE NOT CAREER AMBASSADORS

Ante, p. 837.

"SEC. 632. Any participant in the Foreign Service lietirement and Disability System, other than one occupying a position as chief of mission or any other position to which appointed b}^ the President, by and with the advice and consent of the Senate, who is not L ireer ambassador shall be retired from the Service at the end of the month in which the participant reaches age sixty and receive retirement benefits in accordance with the provisions of section 821, but whenever the Secretary shall determine it to be in the public interest, such a participant may be retained on active service for a period not to exceed five years. Any such participant who completes a period of authorized service after reaching age sixty shall be retired at the end of the month in which such service is completed.". SELECTION-OUT BENEFITS

22 USC 1004. A

•' ^

SEC. 520. Section 634(b)(2) of such Act is amended by striking out— (1) ", with interest" after the words "Disability Fund" the first time the latter appears; (2) " (a) " after "section 841" the first time the latter appears; (3) "that is credited in accordance with the provisions of section 851 or 852 (a) " after "naval service"; (4) ", with interest as provided in section 841(a)", after "Disability Fund" the last time the latter appears; and (5) " (b) " after "section 841" the last time the latter appears. SEPARATION FOR CAUSE

22 USC 1007.

SEC. 521. (a) Section 637 of such Act is amended by striking from the first sentence of subsection (b) thereof— (1) ", with interest" after "Disability Fund"; (2) "(a)"after"section 841"; and (3) "that is credited in accordance with the provisions of section 851 or 852(a)" after "naval service". (b) Such subsection (b) is further amended by striking out the last sentence thereof. CONVERSION TO FOREIGN SERVICE RETIREMENT SYSTEM

22 USC 1063 note.

Ante, p. 836.

SEC. 522. (a) In accordance with such regulations as the President may prescribe, all Foreign Service staff officers and employees with unlimited appointments who (1) have been appointed by the Secretary of State or the Director, United States Information Agency, and (2) are participants in the Civil Service Retirement and Disability System on the effective date of this section, shall be transferred to the Foreign Service Retirement and Disability System effective on such date. Their retirement contributions shall be transferred in accordance with section 811 of the Foreign Service Act of 1946, as amended by this title. (b) Mandatory retirement at age sixty as prescribed in section 632

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Page:United States Statutes at Large Volume 90 Part 1.djvu/897

 90 STAT. 847

PUBLIC LAW 94-350—JULY 12, 1976

of the Foreign Service Act of 1946, as amended by this title, shall not Ante, p. 846 apply to any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section until such officer or employee completes ten years of continuous service in the Foreign Service exclusive of military service, in the Department of State or ten years of such continuous service in the United States Information Agency. (c) Any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability fciystem pursuant to subsection (a) of this section who is age fifty-seven or over on the effective date of this section may retire voluntarily at any time p r i o r to mandatory retirement and receive retirement benefits under section 821 of the Foreign Service Act of 1946, as amended by this title. Ante, p. 837. (d) Section 9(b) of the Act of August 20, 1968 (82 Stat. 812), is Repeal. 22 USC 1229 and repealed on the effective date of this section. note. ORANTS TO G J: R T A I N WIDOWS AND SURVIVOR A N N U I T Y

ELECTIONS

SEC. 523. (a) A Foreign Service a n n u i t a n t who was married a t the 22 USC 1076 time of retirement, whose service terminated prior to October 16, 1960, note. and who has not elected any survivor benefit, may, within one hundred and twenty days after the effective date of this title, elect a reduction in his or her annuity of $300 per annum and provide a survivor benefit of $2,400 p e r annum payable to the annuitant's surviving spouse provided the m a r r i a g e had been in effect for at least two years a t the time of death or resulted in the birth of a child. The survivor annuity shall be treated in all respects as if it had been elected under section 821(b) of the Foreign Service Act of 1946, as amended by this title. (b) A n annuitant who makes an election under subsection (a) of this section shall pay into the Foreign Service Retirement and Disability F u n d an amount equal to $25 times the number of full months between the commencing date of his or her annuity and the first of the month following receipt of notice of election by the Secretary of State. T h i s amount may be paid into such F u n d by deduction from annuity in multiples of $25 per month. The annuity reduction under subsection (a) of this section and the deduction under this subsection shall commence effective the first of the month following receipt of notice of the election ! y the Secretary of State. The deduction under this subsection shall continue until the required amount has been paid into such F u n d or until the annuitant's death, whichever occurs first; and if the latter, any remaining portion of such required amount shall be deemed to have been paid. (c) If a Foreign Service annuitant who separated from the Foreign Service prior to October 16, 1960, died before the effective date of this title, or dies within one hundred and twenty days after such effective date leaving a spouse to whom married at retirement who is not entitled to receive a survivor annuity under the terms of section 8133 of title 5, United States Code, or any law authorizing payment from the Foreign Service Retirement and Disability F u n d and who qualifies under section 821(h) of the Foreign Service Act of 1946, as amended by this title, the Secretary of State shall g r a n t such surviving spouse, if not remarried prior to age sixty, an annuity, to be payable from such F u n d in the amount of $2,400 per annum adjusted by all cost-of-living increases received by widows granted annuities under section 4 of the Act of October 31, 1965 (79 Stat. 1130). A n annuity to a surviving 22 USC 10790. spouse who remarried prior to age sixty may be initiated or resumed under this subsection in accordance with the provisions of subsections

89-194 O—78—pt. 1

57

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Page:United States Statutes at Large Volume 90 Part 1.djvu/898

 90 STAT. 848 Ante, p. 837.

PUBLIC LAW 94-350—JULY 12, 1976 (b) and (h) of section 821 of the Foreign Service Act of 1946, as amended by this title, if such remarriage has terminated or terminates in the future. EFFECTIVE DATES

22 USC 915 note. 22 USC 1063 note. Ante, pp. 846, 834, 843. 22 USC 1076 note. Ante, p. 837. 22 USC 1064 note. Ante, p. 834. 22 USC 1076 note.

22 USC 1064 note.

Ante, p. 837.

22 USC 1076 note. Ante, p. 839.

22 USC 1076a note. Ante, p. 838. 22 USC 1086 note. Ante, p. 840.

SEC. 524. (a) Unless otherwise specified, this title shall be effective upon enactment or on October 1, 1976, whichever is later. (b) Section 522 of this title and sections 803 and 881 of the Foreign Service Act of 1946, as amended by this title, shall be effective on the first day of the first pay period which begins more than ninety days after the effective date of this title. (c) Effective on the last day of the first month which ends after the effective date of this title, all Foreign Service survivor annuities, including those then in effect, shall terminate on the last day of a month in accordance with the provisions of subsections (b)(2)(B), (e), and (f) of section 821 of the Foreign Service Act of 1946, as amended by this title. (d) The amendment of section 804 of the Foreign Service Act of 1946 made by this title broadening eligibility for children's survivor annuities shall apply to all surviving children regardless of the date of death of the principal. (e) Subsection (g) of section 821 of the Foreign Service Act of 1946, as added by this title, shall apply to both present and future Foreign Service annuitants. Any annuitant unmarried at retirement who married after retirement but prior to the effective date of this title may make an election under such subsection (g) if notice of the election is received by the Secretary of State within one year after such effective date. (f) I f an annuitant dies on or after January 8, 1971, who, prior to the effective date of this title, elected a reduced annuity with a benefit to a surviving spouse, and is survived by a spouse acquired after such election who qualifies vmder section 804(2) of the Foreign Service Act of 1946, as amended by this title, such surviving spouse shall be entitled to an annuity computed under the law in effect at the time of such election and in accordance with all other applicable statutes. Such an annuity shall be treated in all other respects in the same manner as an annuity payable under section 821(b) of the Foreign Service Act of 1946, as amended by this title. For purposes of section 882(c)(2) of the Foreign Service Act of 1946, as amended by this title, the death of an annuitant who has died before the effective date of this title shall be deemed to have occurred on such effective date. (g) the restrictions on payment of survivor annuities in subsection (b)(2)(A) and subsection (h) of section 821 of such Act shall not apply to a supplemental survivor annuity provided under subsection (i) of section 821 or subsection (f) of section 832 of such Act if the restrictions do not apply to a basic survivor annuity elected prior to commencement of the recall service. (h) Subsection (a) of section 822 of the Foreign Service Act of 1946, as added by this title, shall be effective on the first day of the first month which begins on or after the effective date of this title. (i) Subsection (a) of section 841 of the Foreign Service Act of 1946, as amended by this title, shall not apply to participants separated from the Foreign Service prior to the effective date of this title nor to their survivors. All payments from the Foreign Service Retirement F u n d that become due on and after such effective date shall be paid in the order of precedence specified in such section 841 irrespective of the date of separation.

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Summa Theologiae/Second Part of the Second Part/Question 82

Question. 82 - OF DEVOTION (FOUR ARTICLES)
We must now consider the acts of religion. First, we shall consider the interior acts, which, as stated above, are its principal acts; secondly, we shall consider its exterior acts, which are secondary. The interior acts of religion are seemingly devotion and prayer. Accordingly we shall treat first of devotion, and afterwards of prayer.

Under the first head there are four points of inquiry:

(1) Whether devotion is a special act?

(2) Whether it is an act of religion?

(3) Of the cause of devotion?

(4) Of its effect?

Art. 1 - Whether devotion is a special act?
Objection 1: It would seem that devotion is not a special act. That which qualifies other acts is seemingly not a special act. Now devotion seems to qualify other acts, for it is written (2 Paralip 29:31): "All the multitude offered victims, and praises, and holocausts with a devout mind." Therefore devotion is not a special act.

Objection 2: Further, no special kind of act is common to various genera of acts. But devotion is common to various genera of acts, namely, corporal and spiritual acts: for a person is said to meditate devoutly and to genuflect devoutly. Therefore devotion is not a special act.

Objection 3: Further, every special act belongs either to an appetitive or to a cognitive virtue or power. But devotion belongs to neither, as may be seen by going through the various species of acts of either faculty, as enumerated above (FP, QQ[78], seqq.; FS, Q[23], A[4]). Therefore devotion is not a special act.

On the contrary, Merits are acquired by acts as stated above (FS, Q[21], AA[34]). But devotion has a special reason for merit. Therefore devotion is a special act.

I answer that, Devotion is derived from "devote" [*The Latin 'devovere' means 'to vow']; wherefore those persons are said to be "devout" who, in a way, devote themselves to God, so as to subject themselves wholly to Him. Hence in olden times among the heathens a devotee was one who vowed to his idols to suffer death for the safety of his army, as Livy relates of the two Decii (Decad. I, viii, 9; x, 28). Hence devotion is apparently nothing else but the will to give oneself readily to things concerning the service of God. Wherefore it is written (Ex. 35:20,21) that "the multitude of the children of Israel . . . offered first-fruits to the Lord with a most ready and devout mind." Now it is evident that the will to do readily what concerns the service of God is a special kind of act. Therefore devotion is a special act of the will.

Reply to Objection 1: The mover prescribes the mode of the movement of the thing moved. Now the will moves the other powers of the soul to their acts, and the will, in so far as it regards the end, moves both itself and whatever is directed to the end, as stated above (FS, Q[9], A[3]). Wherefore, since devotion is an act of the will whereby a man offers himself for the service of God Who is the last end, it follows that devotion prescribes the mode to human acts, whether they be acts of the will itself about things directed to the end, or acts of the other powers that are moved by the will.

Reply to Objection 2: Devotion is to be found in various genera of acts, not as a species of those genera, but as the motion of the mover is found virtually in the movements of the things moved.

Reply to Objection 3: Devotion is an act of the appetitive part of the soul, and is a movement of the will, as stated above.

Art. 2 - Whether devotion is an act of religion?
Objection 1: It would seem that devotion is not an act of religion. Devotion, as stated above (A[1]), consists in giving oneself up to God. But this is done chiefly by charity, since according to Dionysius (Div. Nom. iv) "the Divine love produces ecstasy, for it takes the lover away from himself and gives him to the beloved." Therefore devotion is an act of charity rather than of religion.

Objection 2: Further, charity precedes religion; and devotion seems to precede charity; since, in the Scriptures, charity is represented by fire, while devotion is signified by fatness which is the material of fire [*Cant. 8:6; Ps. 52:6]. Therefore devotion is not an act of religion.

Objection 3: Further, by religion man is directed to God alone, as stated above (Q[81], A[1]). But devotion is directed also to men; for we speak of people being devout to certain holy men, and subjects are said to be devoted to their masters; thus Pope Leo says [*Serm. viii, De Pass. Dom.] that the Jews "out of devotion to the Roman laws," said: "We have no king but Caesar." Therefore devotion is not an act of religion.

On the contrary, Devotion is derived from "devovere," as stated (A[1]). But a vow is an act of religion. Therefore devotion is also an act of religion.

I answer that, It belongs to the same virtue, to will to do something, and to have the will ready to do it, because both acts have the same object. For this reason the Philosopher says (Ethic. v, 1): "It is justice whereby men both will end do just actions." Now it is evident that to do what pertains to the worship or service of God, belongs properly to religion, as stated above (Q[81]). Wherefore it belongs to that virtue to have the will ready to do such things, and this is to be devout. Hence it is evident that devotion is an act of religion.

Reply to Objection 1: It belongs immediately to charity that man should give himself to God, adhering to Him by a union of the spirit; but it belongs immediately to religion, and, through the medium of religion, to charity which is the principle of religion, that man should give himself to God for certain works of Divine worship.

Reply to Objection 2: Bodily fatness is produced by the natural heat in the process of digestion, and at the same time the natural heat thrives, as it were, on this fatness. In like manner charity both causes devotion (inasmuch as love makes one ready to serve one's friend) and feeds on devotion. Even so all friendship is safeguarded and increased by the practice and consideration of friendly deeds.

Reply to Objection 3: Devotion to God's holy ones, dead or living, does not terminate in them, but passes on to God, in so far as we honor God in His servants. But the devotion of subjects to their temporal masters is of another kind, just as service of a temporal master differs from the service of God.

Art. 3 - Whether contemplation or meditation is the cause of devotion?
Objection 1: It would seem that contemplation or meditation is not the cause of devotion. No cause hinders its effect. But subtle considerations about abstract matters are often a hindrance to devotion. Therefore contemplation or meditation is not the cause of devotion.

Objection 2: Further, if contemplation were the proper and essential cause of devotion, the higher objects of contemplation would arouse greater devotion. But the contrary is the case: since frequently we are urged to greater devotion by considering Christ's Passion and other mysteries of His humanity than by considering the greatness of His Godhead. Therefore contemplation is not the proper cause of devotion.

Objection 3: Further, if contemplation were the proper cause of devotion, it would follow that those who are most apt for contemplation, are also most apt for devotion. Yet the contrary is to be noticed, for devotion is frequently found in men of simplicity and members of the female sex, who are defective in contemplation. Therefore contemplation is not the proper cause of devotion.

On the contrary, It is written (Ps. 38:4): "In my meditation a fire shall flame out." But spiritual fire causes devotion. Therefore meditation is the cause of devotion.

I answer that, The extrinsic and chief cause of devotion is God, of Whom Ambrose, commenting on Lk. 9:55, says that "God calls whom He deigns to call, and whom He wills He makes religious: the profane Samaritans, had He so willed, He would have made devout." But the intrinsic cause on our part must needs be meditation or contemplation. For it was stated above (A[1]) that devotion is an act of the will to the effect that man surrenders himself readily to the service of God. Now every act of the will proceeds from some consideration, since the object of the will is a good understood. Wherefore Augustine says (De Trin. ix, 12; xv, 23) that "the will arises from the intelligence." Consequently meditation must needs be the cause of devotion, in so far as through meditation man conceives the thought of surrendering himself to God's service. Indeed a twofold consideration leads him thereto. The one is the consideration of God's goodness and loving kindness, according to Ps. 72:28, "It is good for me to adhere to my God, to put my hope in the Lord God": and this consideration wakens love [*'Dilectio,' the interior act of charity; cf. Q[27]] which is the proximate cause of devotion. The other consideration is that of man's own shortcomings, on account of which he needs to lean on God, according to Ps. 120:1,2, "I have lifted up my eyes to the mountains, from whence help shall come to me: my help is from the Lord, Who made heaven and earth"; and this consideration shuts out presumption whereby man is hindered from submitting to God, because he leans on His strength.

Reply to Objection 1: The consideration of such things as are of a nature to awaken our love [*'Dilectio,' the interior act of charity; cf. Q[27]] of God, causes devotion; whereas the consideration of foreign matters that distract the mind from such things is a hindrance to devotion.

Reply to Objection 2: Matters concerning the Godhead are, in themselves, the strongest incentive to love ['dilectio,' the interior act of charity; cf. Q[27]] and consequently to devotion, because God is supremely lovable. Yet such is the weakness of the human mind that it needs a guiding hand, not only to the knowledge, but also to the love of Divine things by means of certain sensible objects known to us. Chief among these is the humanity of Christ, according to the words of the Preface [*Preface for Christmastide], "that through knowing God visibly, we may be caught up to the love of things invisible." Wherefore matters relating to Christ's humanity are the chief incentive to devotion, leading us thither as a guiding hand, although devotion itself has for its object matters concerning the Godhead.

Reply to Objection 3: Science and anything else conducive to greatness, is to man an occasion of self-confidence, so that he does not wholly surrender himself to God. The result is that such like things sometimes occasion a hindrance to devotion; while in simple souls and women devotion abounds by repressing pride. If, however, a man perfectly submits to God his science or any other perfection, by this very fact his devotion is increased.

Art. 4 - Whether joy is an effect of devotion?
Objection 1: It would seem that joy is not an effect of devotion. As stated above (A[3], ad 2), Christ's Passion is the chief incentive to devotion. But the consideration thereof causes an affliction of the soul, according to Lam. 3:19, "Remember my poverty . . . the wormwood and the gall," which refers to the Passion, and afterwards (Lam. 3:20) it is said: "I will be mindful and remember, and my soul shall languish within me." Therefore delight or joy is not the effect of devotion.

Objection 2: Further, devotion consists chiefly in an interior sacrifice of the spirit. But it is written (Ps. 50:19): "A sacrifice to God is an afflicted spirit." Therefore affliction is the effect of devotion rather than gladness or joy.

Objection 3: Further, Gregory of Nyssa says (De Homine xii) [*Orat. funebr. de Placilla Imp.] that "just as laughter proceeds from joy, so tears and groans are signs of sorrow." But devotion makes some people shed tears. Therefore gladness or joy is not the effect of devotion.

On the contrary, We say in the Collect [*Thursday after fourth Sunday of Lent]: "That we who are punished by fasting may be comforted by a holy devotion."

I answer that, The direct and principal effect of devotion is the spiritual joy of the mind, though sorrow is its secondary and indirect effect. For it has been stated (A[3]) that devotion is caused by a twofold consideration: chiefly by the consideration of God's goodness, because this consideration belongs to the term, as it were, of the movement of the will in surrendering itself to God, and the direct result of this consideration is joy, according to Ps. 76:4, "I remembered God, and was delighted"; but accidentally this consideration causes a certain sorrow in those who do not yet enjoy God fully, according to Ps. 41:3, "My soul hath thirsted after the strong living God," and afterwards it is said (Ps. 41:4): "My tears have been my bread," etc. Secondarily devotion is caused as stated (A[3]), by the consideration of one's own failings; for this consideration regards the term from which man withdraws by the movement of his devout will, in that he trusts not in himself, but subjects himself to God. This consideration has an opposite tendency to the first: for it is of a nature to cause sorrow directly (when one thinks over one's own failings), and joy accidentally, namely, through hope of the Divine assistance. It is accordingly evident that the first and direct effect of devotion is joy, while the secondary and accidental effect is that "sorrow which is according to God" [*2 Cor. 7:10].

Reply to Objection 1: In the consideration of Christ's Passion there is something that causes sorrow, namely, the human defect, the removal of which made it necessary for Christ to suffer [*Lk. 24:25]; and there is something that causes joy, namely, God's loving-kindness to us in giving us such a deliverance.

Reply to Objection 2: The spirit which on the one hand is afflicted on account of the defects of the present life, on the other hand is rejoiced, by the consideration of God's goodness, and by the hope of the Divine help.

Reply to Objection 3: Tears are caused not only through sorrow, but also through a certain tenderness of the affections, especially when one considers something that gives joy mixed with pain. Thus men are wont to shed tears through a sentiment of piety, when they recover their children or dear friends, whom they thought to have lost. In this way tears arise from devotion.


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Page:United States Statutes at Large Volume 90 Part 1.djvu/899

 PUBLIC LAW 94-350—JULY 12, 1976 (j) Subsection (c) of section 851 of the Foreign Service Act of 1946, as added by this title, shall be effective on the first day of the first pay period that be^ns more than thirty days after the effective date of this title. A participant who is on approved leave without pay and is serving as a full-time officer or employee of an organization composed primarily of Government employees on the effective date of such section shall have sixty days from such date to file an election under subsection (c) of said section 851. (k) Subsection (f) of section 851 of the Foreign Service Act of 1946, as added by this titlCj shall apply, in addition to present participants, to former participants who separated from the Foreign Service to enter the Armed Forces within the five-year period immediately preceding the effective date of this title and who are members of the Armed Forces on such date. (1) The annuity of a survivor who becomes immediately eligible for an annuity under subsection (c) of section 523 of this title or subsection (d) or (f) of this section shall become effective the first day of the first month which begins on or after the effective date of this title. However, payment shall be made only after receipt by the Department of State of such application for annuity and such proof of eligibility as the Secretary may require. If such application and proof of eligibility are not submitted during an otherwise eligible person's lifetime, no annuity shall be due or payable to his or her estate. (m) The amendment of subsections (a) and (b) of section 882 of the Foreign Service Act of 1946 made by this title shall be effective on the fifteenth day of the third month which begins after the effective date of this title. (n) Annuities which commenced between— (A) the effective date of the last cost-of-living increase which became effective under section 882 of the Foreign Service Act of 1946 prior to the effective date of this title, and (B) such effective date, shall be recomputed and, if necessary, adjusted retroactively to their commencing dates to apply the provisions of new subsections (c)(1) of section 882 of the Foreign Service Act of 1946, as added by section 515 of this title. (o) Any Foreign Service officer who is or becomes a career minister and who is not occupying a position to which appointed by the President, by and with the advice and consent of the Senate, shall be mandatorily retired for age in accordance with the schedule below and receive benefits under section 821 of the Foreign Service Act of 1946, unless the Secretary determines it to be in the public interest to extend such officer's service for a period not to exceed five years:

90 STAT. 849 22 USC 1091 °ot^^"'^'?• °^^-

22 USC 1091 note,

22 USC 1064 note, ^"^*' P- ^'*^-

22 USC 1121 note, ^"^' P" ^^• 22 USC 1121 note,

. Career ministers, 22 USC 1001 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/900

 90 STAT. 850

PUBLIC LAW 94-350—JULY 12, 1976 Retirement Schedule

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(1) Any career minister who reaches age sixty-five during the month this title becomes effective shall be retired at the end of such month. (2) Other career ministers who are age sixty or over on such effective date shall be retired at the end of the month which contains the midpoint between the last day of the month of such effective date and the last day of the month during which the officer would reach age sixty-five, counting thirty days to the month. (3) On the last day of the thirtieth month which ends after such effective date, all other career ministers who are age sixty or over shall be retired, and thereafter the amendments made by sections 518 and 519 shall be applicable in all cases. (4) Ajiy career minister who completes a period of authorized service after he reaches mandatoiy retirement age as provided in the above schedule shall be retired at the end of the month in which the officer completes such service. Approved July 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-881 accompanying H.R. 12262, No. 94-1083 accompanying H.R. 13179, and No. 94-1116 accompanying H.R. 13589 (Comm. on International Relations). SENATE REPORT No. 94-703 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 29, considered and passed Senate. June 18, considered and passed House, amended, in lieu of H.R. 13589, H.R. 13179,and H.R. 12262. June 29, House agreed to conference report. June 30, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/901

 PUBLIC LAW 94-351—JULY 12, 1976

90 STAT. 851

Public Law 94-351 94th Congress An Act Making appropriations for Agriculture aud Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture and Belated Agencies programs for the fiscal year ending September 30, 1977, and for other purposes; namely: TITLE I—AGRICULTURAL PROGRAMS PRODI'CTIOX, PROCESSING, AND MARKETING OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, including not to exceed $5,000 for employment under 5 U.S.C. 3109, $2,267,000: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further, That not to exceed $4,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. DEPARTMENTAL ADMINISTRATION

For Budget, Fiscal and Management, $3,307,721; for General Operations, $1,528,217; for ADP Systems, $192,335; for Personnel Administration, $2,012,127; for Equal Opportunity, $2,420,600; for Information Services provided by the Office of Communication, including the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $4,684,000; making a total of $14,145,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture, and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, of which not to exceed $10,000 for employment under 5 U.S.C. 3109 and, not to exceed $1,269,000 may be used for farmers' bulletins and not less than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by.44 U.S.C. 1301: Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

July 12. 1976 [H.R. 14237] Agriculture and related agencies. Appropriations for fiscal year 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/902

 90 STAT. 852

PUBLIC LAW 94-351—JULY 12, 1976 ECONOMIC MANAGEMENT SUPPORT CENTER

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For necessary expenses of the Economic Management Support Center to provide management support services to selected agencies of the Department of Agriculture, $2,802,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109 (7 U.S.C. 2201-2202) O r r i C E OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000, for employment under 5 ILS.C. 3109, $18,434,000 and in addition, $7,932,000 shall be derived by transfer from the appropriation, "Food Stamp Program" and merged with this appropriation. OFFICE OF THE GENERAL COUNSEL

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $8,708,000. AGRICULTURAL RESEARCH SERVICE

7 USC 2254.

7 USC 2254.

For expenses necessary to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, except that the foregoing limitation shall not apply to the acquisition of lands for the U.S. Sugarcane Laboratory, Houma, Louisiana, at a cost not to exceed $450,000; $270,576,000: Provided, That appropriations hereunder shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only and for the acquisition without cost of not to exceed one to be obtained by transfer: Provided further, That of the appropriations hereunder, not less than $10,526,600 shall be available to conduct marketing research: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $57,500, except for six buildings to be constructed or improved at a cost not to exceed $112,500 each, and the cost of altering any one building during the fiscal year shall not exceed $21,500, or 22 per centum of the cost of the building, whichever is greater: Provided further.^ That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a).

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Page:United States Statutes at Large Volume 90 Part 1.djvu/903

 PUBLIC LAW 94-351—JULY 12, 1976

90 STAT. 853

Special fund: To provide for additional labor, subprofessional, and Special fund, junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $2,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under "Agricultural Research Service". S C I E N T i n C ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies owed to or owned by the United States for market development research authorized by section 104 (b)(1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b)(3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704(b)(1), (3)), $7,500,000: Provided, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies: Provided further, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed, and can be used most effectively to carry out the purposes of this paragraph: Provided further. That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109. A N I M A L AND PLANT H E A L T H INSPECTION

SERVICE

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b-<;) necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to carry on services related to consumer protection; and to protect the environment, as authorized by law, $403,667,000, of which $2,500,000 shall be available for the control of outbreaks of insects, plant diseases and animal diseases to the extent necessary to meet emergency conditions and $833,000 shall be for repayment to the Commodity Credit Corporation of advances (and interest thereon) made in accordance with authorities contained in the provisions of the appropriation items for the Animal and Plant Health Inspection Service in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1975: Provided, That $1,000,000 of the funds for control of the fire 88 Stat. 1822. ant shall be placed in reserve for matching purposes with States which may come into the program: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per centum: Provided further. That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109: Provided further. That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further. That this appropriation shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/904

 90 STAT. 854

y

21 USC 129.

21 USC 114b.

PUBLIC LAW 94-351—JULY 12, 1976 and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $52,500, except for two buildings to be constructed or improved at a cost of not to exceed $105,000 each, and the cost of altering any one building during the fiscal year shall not exceed $20,000, or 20 per centum of the cost of the building, whichever is greater: Provided further, That $3,800,000 shall remain available until expended for plans, construction and improvement of facilities without regard to limitations contained herein: Provided further, That this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100: Provided further, That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-andmouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expenses in accordance with the Act of February 28, 1947, as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts. COOPERATR^^ STATE RESEARCH SERVICE

20 USC 1001 •lot^?i 1701 note. 7 USC 361f.

For payments to agricultural experiment stations, for grants for cooperative forestry and other research, for facilities, and for other expenses, including $97,973,000 to carry into effect the provisions of the Hatch Act, approved IMarch 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a-361i), and further amended by Public Law 92-318 approved June 23, 1972, and further amended by Public Law 93-471 approved October 2G, 1974, including administration by the United States Department of Agriculture, and penalty j^^^^j costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, as amended; $8,212,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a—582a-7), as amended by Public Law 92-318 approved June 23, 1972; $17,852,000, in addition to funds otherwise available for contracts and grants for scientific research under the Act of August 4, 1965 (7 U.S.C. 450i); $1,500,000 for Rural Development Research as authorized under the Rural Development Act of 1972 (7 U.S.C. 26612668), including administrative expenses; and $1,115,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all $126,652,000. EXTENSION SERVICE

7 USC 343.

Payments to States, Puerto Rico, Guam, and the Virgin Islands: For payments for cooperative agricultural extension work under the Smith-Lever Act. as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341-349), and_ section 506 of the Act of June 23, 1972, to be distributed under sections 3(b) and 3(c) of the Act, for retirement and employees' compensation costs for extension agents, and for costs of penalty mail

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Page:United States Statutes at Large Volume 90 Part 1.djvu/905

 PUBLIC LAW 94-351—JULY 12, 1976 for cooperative extension agents and State extension directors, $168,225,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $50,560,000; payments for extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326, 328) and Tuskegee Institute under section 3(d) of the Act, $8,400,000; payments for rural development work under section 3(d) of the Act, $1,000,000; payments for the pest management program under section 3(d) of the Act, $2,935,000; payments for the farm safety program under section 3(d) of the Act, $1,020,000; and payments for extension work under section 208(c) of Public Law 93^71, $910,000; and $1,500,000 for Rural Development Education as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661-2668); in all, $234,550,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, as amended, shall not be paid to any State, Puerto Rico, Guam, or the Virgin Islands prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341-349), and section 506 of the Act of June 23, 1972, and section 208(d) of Public Law 93-471, and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possession, $5,658,000.

90 STAT. 855

7 USC 343.

D.C. Code 31-1718. 7 USC 343. ^^ Stat. 350.

NATIOXAL AGRICULTURAL LIBRARY

For necessary expenses of the National Agricultural Library, $6,026,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements. STATISTICAL REPORTING SERVICE

For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $33,827,000: Provided, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for 7 USC 411b. other than the commercial crop: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109. ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), and other laws, including economics of marketing; analyses relating to farm prices, income and

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