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Page:United States Statutes at Large Volume 90 Part 1.djvu/847

 PUBLIC LAW 94-337—JULY 4, 1976 to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated. SEC. 3. When the Secretary determines that lands and interests therein have been acquired in an amount sufficient to constitute an administerable unit, he shall establish the park by publication of a notice to that effect in the Federal Kegister: Provided, That the park shall not be established until the Secretary receives commitments which he deems to be sufficient from the Commonwealth of Pennsylvania that the appropriations made by acts 320 and 352 of 1974, and act 12A of 1975, of the Legislature of the Commonwealth of Pennsylvania, will continue to be available and obligated for development purposes within the park. The Secretary shall administer the property acquired for such park in accordance with the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666), as amended. SEC. 4. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, but not more than $8,622,000 for the acquisition of lands and interests in lands. (b) For the development of essential public facilities there are authorized to be appropriated not more than $500,000. Within three years from the date of establishment of the park pursuant to this Act, the Secretary shall, after consulting with the Governor of the Commonwealth of Pennsylvania, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the park consistent with the objectives of this Act, indicating: (1) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; ^2) the location and estimated cost of all facilities; and (3) the projected need for any additional facilities within the park. Approved July 4, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1142 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-817 accompanying S. 1776 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): June 8, considered and passed House. June 11, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOeUMENTS, Vol. 12, No. 27: July 4, Presidential statement.

90 STAT. 797

Publication in Federal Register. 16 USC 410aa-2.

Administration. 43 USC 1457. 16 USC 461. Appropriation authorization. 16 USC 410aa-3.

Master development plan, consultation with Governor; transmittal to congressional committees.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/848

 90 STAT. 798

PUBLIC LAW 94-338—JULY 5, 1976

Public Law 94-338 94th Congress Joint Resolution July 5, 1976 [S.J. Res. 196]

James Smithson, bequest. U.S. appreciation and gratitude.

Providing for the expression to Her Majesty, Queen Elizabeth II, of the appreciation of the people of the United States for the bequest of James Smithson to the United States, enabling the establishment of the Smithsonian Institution. Whereas James Smithson, British subject, scholar, and scientist, bequeathed his entire estate to the United States of America "to found at Washington under the name of the Smithsonian Institution an establishment for the increase and diffusion of Knowledge among men;"; and Whereas the Congress of the United States in 1836 accepted the bequest and pledged the faith of this Nation to the execution of this trust, and in 1846 provided for the establishment of the Smithsonian Institution; and Whereas the Smithsonian Institution, since the time of its founding, has been mindful of the charge stated in the will of James Smithson and has, through research and publication, through the collecting of natural history specimens and objects of art, culture, history, and technology, and through the creation of museums for the display and interpretation of these collections, been privileged to share its resources, not only with the people of the United States, but with the world community, for purposes of education, enlightenment, and betterment; and Whereas the generous and inspiring bequest of James Smithson continues to enrich the lives of citizens of every nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That on the occasion of the visit of Her Majesty, Queen Elizabeth II, during this year of the Bicentennial of the United States, the people of this Nation make known their appreciation and gratitude for the gift of James Smithson, a gift whose significance growls with the passage of time and remains a lasting symbol of the indivisible cultural bonds which link Great Britain and the United States of America. SEC. 2. The Secretary of the Senate shall make available to the Secretary of the Smithsonian Institution a copy of this resolution for presentation to Her Majesty, Queen Elizabeth II. Approved July 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1274 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed Senate. June 22, considered and passed House, amended. June 23, Senate concurred in House amendment.

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


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Page:United States Statutes at Large Volume 90 Part 1.djvu/849

 PUBLIC LAW 94-339—JULY 5, 1976

90 STAT. 799

Public Law 94-339 94th Congress An Act To amend the Food Stamp Act of 1964 to insure a proper level of accountability on the part of food stamp vendors.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Emergency Food Stamp Vendor Accountability Act of 1976". SEC. 2. Section 7(d) of the Food Stamp Act of 1964, as amended, is amended by inserting " (1)" immediately after " (d) ", and adding at the end thereof new paragraphs (2) through (7) as follows: "(2)(A) The Secretary shall by regulation prescribe the manner in which funds derived from the distribution of coupons (charges made for coupon allotments) shall be deposited by coupon vendors. The regulations shall contain provisions requiring that coupon vendors promptly deposit such funds in the manner prescribed by the Secretary: Provided, That such regulations shall, at a minimum, require that such deposits be made weekly: Provided further. That such regulations shall, at a minimum, require that upon the accumulation of a balance on hand of $1,000 or more, such deposits be made within two banking days following the accumulation of such amount. "(B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating the regulations issued under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. "(3)(A) Coupon vendors receiving funds derived from the distribution of coupons (charges made for coupon allotments) shall be deemed to be receiving such funds as fiduciaries of the Federal Government, and such coupon vendors shall immediately set aside all such funds as funds of the Federal Government. Funds derived from the distribution of coupons (charges made for coupon allotments) shall not be used, prior to the deposit of such funds in the manner prescribed by the Secretary, for the benefit of any person, partnership, corporation, association, organization, or entity other than the Federal Government. "(B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating subparagraph (A) of this paragraph shall be fined not more than $10,000, or a sum equal to the amount of funds involved in the violation, whichever is the greater, or imprisoned not more than ten years, or both: Provided, That if the amount of such funds is less than $1,000, such vendor shall be fined not more than $3,000, or imprisoned not more than one year, or both. "(4)(A) The Secretary shall by regulation require that upon the deposit, in the manner prescribed by the Secretary, of funds derived from the distribution of coupons (charges made for coupon allotments), coupon vendors shall immediately send a written notice to the State agency, accompanied by an appropriate voucher, confirming such deposit. In addition to such other information deemed by the Secretary to be appropriate, such regulations shall require that the notice contain— " (i) the name and address of the coupon vendor;

89-194 O—78—pt. 1

54

July 5, 1976 [S. 2853]

Emergency Fc»od Stamp Vendoi' Accountability Act of 1976. 7 USC 2011 note. Disposition of funds, regulations. 7 USC 2016.

Penalty.

Penalty.

Notice of deposit.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/850

 90 STAT. 800

Penalty.

Penalty.

Report to Secretary. Contents.

Penalty.

Reports to Secretary.

7 USC 2015.

PUBLIC LAW 94-339—JULY 5, 1976 "(ii) the total receipts of such coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the deposit period; "(iii) the amount of the deposit; " (iv) the name and address of the depository; and "(v) an oath, or affirmation signed b j the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in such notice is true and correct to the best of such person's knowledge and belief. " (B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide the notice required under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. "(C) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both. "(5)(A) The Secretary shall by regulation require each coupon vendor at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary, or his designee, a written report of the vendor's operations during such period under the food stamp program. In addition to such other information deemed by the Secretary to be appropriate, the regulations shall require that the report contain—• "(i) the name and address of the coupon vendor; "(ii) the total receipts of the coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the report period; " (iii) the total amount of deposits made by the vendor of funds derived from the distribution of coupons (charges made for coupon allotments) during such period; "(iv) the name and address of each depository receiving such funds from such vendor; and "(v) an oath, or affirmation, signed by the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in the report is true and correct to the best of such person's knowledge and belief. "(B) Any coupon vendor, or any officer, emploj^ee, or agent thereof, convicted of failing to provide any notice required under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both. "(C) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both. "(6) The Secretary may by regulation require State agencies to provide periodic reports to the Secretary, or his designee, containing a consolidation of the respective coupon vendor's notices to such State agencies at such intervals as the Secretary in his discretion deems appropriate. "(7) The Secretary and the United States Postal Service shall jointly arrange for the prompt deposit of funds collected by the Postal Service on behalf of a State from charges made for coupon allotments.". SEC. 3. Section 6 of the Food Stamp Act of 1964, as amended, is amended by redesignatins: subsections (b) and (c) as subsections (d)

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Page:Hockey, Canada's Royal Winter Game.djvu/64

 and play in the centre of the ice or on the side to which he does not belong, or for a centre player or rover to wander to the wings, because as each man has a cover, a check, on whom, in turn he should bestow his attention, he gives his opponent, when he leaves his place, an opening that the latter should not, and would not have if he were properly watched, besides, the forwards and the defence men of an experienced team ought to be able to know where their assistants are or, rather, should he by judging from their own positions. When a man strays from his own territory, a brilliant combination play may easily be lost through his absence from his proper place.

Each player of a team should occupy his position so unfailingly in practice, and the team should indulge in combination work to such an extent, that, in a match, a forward ought, at times, to be able to slide the puck to an assistant without even having to look to know where the latter is. If perfection be aimed at, and it should, the point of following up should be so regular, so systematic that this play may be successfully indulged in, because, with every man working in his position, like so many movements in a clock, a forward with the puck, in advance, should know without looking, where each of his partners follows.


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/851

 PUBLIC LAW 94-339—JULY 5, 1976 and (e), respectively, and inserting new subsections (b) and (c) as follows: "(b)(1) The Secretary shall by regulation develop an appropriate procedure for determining and monitoring the level of coupon inventories in the hands of coupon vendors for the purpose of insuring that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such vendors). Any such regulations shall contain procedures to insure that coupon inventories in the hands of coupon vendors are not in excess of the reasonable needs of such vendors taking into consideration the ease and feasibility of resupplying such coupon inventories. The Secretary may, at his discretion, require periodic reports from such coupon vendors respecting the level of such inventories. "(2) Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide a report required under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both. "(3) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any report required under paragraph (1) of this subsection shall be fined not more than $10,000, or imprisoned not more than ten years, or both. "(c)(1) The Secretary shall by regulation prescribe appropriate procedures for the delivery of coupons to coupon vendors and for the custody, care, control, and storage of coupons in the hands of coupon vendors in order to secure such coupons against theft, embezzlement, misuse, loss, or destruction. "(2) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating any regulations issued under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both.". SEC. 4. Section 3 of the Food Stamp Act of 1964, as amended, is amended by adding at the end thereof a new subsection (o) as follows: "(o) The term 'coupon vendor' means any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated administrative responsibility in connection with, the issuance of coupons to households.". Approved July 5, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1282 (Comm. on Agriculture). SENATE REPORT No. 94-714 (Comm. on Agriculture and Forestry). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 8, considered and passed Senate. June 22, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 28: July 6, Presidential statement.

90 STAT. 801

Coupon inventories.

Reports to Secretary. Penalty.

Procedures.

Penalty.

"Coupon vendor." 7 USC 2012.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/852

 90 STAT. 802

PUBLIC LAW 94-340—JULY 6, 1976

Public Law 94-340 94th Congress An Act July 6, 1976 [H.R. 5630]

Federal Boat Safety Act of 1971, amendment. 46 USC 1476.

46 USC 1477.

46 USC 1479.

To amend the Federal Boat Safety Act of 1971 in order to increase and extend the authorization for appropriations for financial assistance for State boating safety programs.

Be it enacted by the Senate a/ad House of Representatives of the United States of America in Congress assembled, That the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.) is amended as follows— (1) Section 27 is amended by adding a new subsection (e) as follows: "(e) The Secretary may expend funds appropriated for the program of financial assistance to the States under this Act for audit expenses incurred b j him in the administration of that program. Expenditures made in any fiscal year under this subsection shall not exceed 1 ^ per centum of the total funds appropriated for such fiscal year.". (2) Section 28(a) is amended by striking the period at the end of the first sentence and inserting in lieu thereof the following: ", the fiscal transition period of July 1, 1976, to September 30, 1976, and each of the two succeeding fiscal years.". (3) Section 30 is amended by striking out "for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years," and inserting in lieu thereof the following: "for each of the fiscal years beginning with fiscal year 1972 through fiscal year 1976; $2,500,000 for the fiscal transition period of July 1, 1976, through September 30, 1976; and $10,000,000 for each of the fiscal years 1977 and 1978,". Approved July 6, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-662 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-867 (Comm. on eommerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 17, considered and passed House. Vol. 122 (1976): May 19, considered and passed Senate, amended. June 22, House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/853

 PUBLIC LAW 94-341—JULY 6, 1976

90 STAT. 803

Public Law 94-341 94th Congress An Act To amend the Community Services Act oi J-CTII to make certain teclinical and conforming amendments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Community Services Act Technical Amendments of 1976". SECTION

AMENDMENTS

TO COMMUNITY

SERVICES ACT O F

July 6, 1976 [H.R. 12188] Community Services Act Technical Amendments of 1976. 42 USC 2701 note.

10 74

SEC. 2. (a) The Community Services Act of 1974 (hereinafter in this Act referred to as the "Act") is amended— (1) in section 101 thereof (as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "SEC. 104. This title and titles II through IX " and inserting in lieu thereof "SEC. 3. Titles I through IX "; (2) in section 102 thereof (as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "SEC. 102." and inserting in lieu thereof "SEC. 4.", and in paragraph (2) of such section, by striking out "the previous sentence" and inserting in lieu thereof "paragraph (1) of this section" and by inserting a comma after "places" the second place it appears therein; (3) by striking out "TITLE II—RESEARCH AND DEMONSTRATIONS" and inserting in lieu thereof "TITLE I— RESEARCH AND DEMONSTRATIONS"; (4) in section 102(d) thereof (as added by section 4 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "under this title in any fiscal year shall be made available for programs or projects receiving financial assistance"; (5) in section 104(d) of such Act (as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "studies" each place it appears therein and inserting in lieu thereof "summaries"; (6) in section 201(b) thereof, by striking out "the Office of Economic Opportunity" each place it appears therein and inserting in lieu thereof "Community Services Administration"; (7) in section 210(f) thereof— (A) by striking out "may delegate functions other than" and inserting in lieu thereof "may delegate such functions (other than"; (B) by striking out "contracts to" and inserting in lieu thereof "contracts) to"; (C) by striking out "by him, such functions as he deems appropriate" and inserting in lieu thereof "by him, as he deems appropriate"; and

42 USC 2701 note. 42 USC 2701 note. 42 USC 2706.

42 USC 2712.

42 USC 2714.

42 USC 2781. 42 USC 2790.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/854

 PUBLIC LAW 94-341—JULY 6, 1976

90 STAT. 804

42 USC 2812. 42 USC 2809.

42 USC 2812.

42 USC 2808.

42 USC 2814.

42 USC 2828. 42 USC 2829.

42 USC 2855.

42 USC 2901.

42 USC 2902. 42 USC 2928c. 42 USC 2928f.

(D) by striking out "second sentence of section 235(a)" and inserting in lieu thereof "third sentence of section 225(a)"; (8) by striking out paragraph (4) of section 222(a) thereof; (9) in section 222(a)(5) thereof, by striking out "Emergency Food and Medical Services" and inserting in lieu thereof "Community Food and Nutrition", and by striking out "medical" each place it appears therein; (10) in the last sentence of section 222(a) (12) thereof, by inserting a comma after "agencies"; (11) in section 225(c) of such Act, by amending the last two sentences to read as follows: "The Director shall not require nonFederal contributions in excess of the amount required to meet the approved cost of assisted programs or activities after calculating the per centum of Federal assistance for which such program is eligible under the first sentence of this subsection. In addition, the Director may approve assistance in excess of such per centum upon evidence that the aggregate of all non-Federal contributions by agencies within a State for financial assistance provided pursuant to sections 221 and 222(a) as a per centum of the aggregate of all financial assistance provided to such agencies in such State pursuant to such sections meets the per centum requirements of this subsection."; (12) in the heading of section 227 thereof, by striking out "YOUTH RECREATION AND" and inserting in lieu thereof "NATIONAL YOUTH", and in subsection (a) of such section by striking out "youth recreation and" each place it appears therein and inserting in lieu thereof "national youth"; (13) in the last sentence of section 235(b) thereof, by striking out "Secretary" and inserting in lieu thereof "Director"; (14) in section 236 thereof— (A) in subsection (a) thereof, by striking out "Oflfice of Economic Opportunity or successor authority" and inserting in lieu thereof "Community Services Administration"; and (B) in subsection (b) (ii) thereof, by striking out "Office of Economic Opportunity" and inserting in lieu thereof "Community Services Administration"; (15) in section 306(d) thereof, by striking out "under this Act (except operations under title IV carried on by the Small Business Administration)" and inserting in lieu thereof "under this part"; (16) in section 401 thereof— (A) by redesignating subsection (c) and subsection (d) as subsection (b) and subsection (c), respectively; and (B) in subsection (a) thereof, by striking out the comma after "may be used as necessary" and by striking out "pararaph 2" and inserting in lieu thereof "paragraph (2)"; } in section 402(2) thereof, by striking out "Director" each place it appears therein and inserting in lieu thereof "Secretary"; (18) in section 514(b) thereof, by inserting "or" before "multicity", by striking out the comma after "multicity", and by striking out "organization" and inserting in lieu thereof "organizational"; (19) in section 517(b) thereof, by striking out "15 per centum and such total costs" and inserting in lieu thereof "15 per centum of such total costs";

f

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Page:United States Statutes at Large Volume 90 Part 1.djvu/855

 PUBLIC LAW 94-341—JULY 6, 1976 (20) in section 523(d) thereo.f, by striking out "studies" each place it appears therein and inserting in lieu thereof "summaries"; (21) in section 525(a) thereof, by striking out "711" and insertm^ in lieu thereof "518"; (22) in section 576(a) and section 577 thereof, by striking out "part" each place it appears therein and inserting in lieu thereof "title"; (23) in section 601 thereof, by inserting " (a) " immediately after "SEC. 601."* (24) in section 601(e)(2)(B) (iii) thereof, by inserting "of Commerce" immediately after "Secretary"; (25) in section 601(e)(3)(B) (ii) (II) thereof, by striking out the quotation mark at the end thereof; (26) in section 601(g) thereof, by inserting a comma after "Welfare" and by striking out "Economic Development Administration" and inserting in lieu thereof "Community Economic Development Administration,"; (27) in section 601(h)(2) thereof, by inserting a comma after "Community Services Administration" the second place it appears therein, by inserting a comma after "Welfare", and by inserting a comma after "Community Economic Development Administration"; (28) in section 601(h)(3) thereof, by inserting a comma after "Community Services Administration", and by striking out "in the Department of Commerce" and inserting in lieu thereof "within the Department of Commerce,"; (29) in subsections (a) and (f) of section 602 thereof, by striking out "Office" each place it appears therein and inserting in lieu thereof "Community Services Administration"; (30) in section 602(k) thereof, by striking out "titles III and IV of"; (31) in section 603(a) thereof, by striking out "(other than part e of title I) "; (32) in section 604(1) thereof, by striking out " I - B or", and by striking out "prime sponsor or"; (33) in paragraphs (2) and (3) of section 604 thereof, by striking out "title I-B, II, and III - B " each place it appears therein and inserting in lieu thereof "title II and part B of title III ", and in paragraph (2) of such section, by striking out "123,"; _ (34) in section 608 thereof, by striking out "Office" and inserting in lieu thereof "Community Services Administration"; and (35) in subsections (a) and (c) of section 610-1 thereof, by striking out "part A of title I or" each place it appears therein. (b) Title VII of the Act is amended— (1) in section 712(a)(2) thereof, by inserting "programs," after "development", and by inserting a comma after "activities"; (2) in the fourth sentence of section 714 thereof, by striking out "rights vest" and inserting in lieu thereof "vests"; (3) in the last sentence of section 714 thereof, by inserting "with grant funds shall" immediately after "assets purchased"; (4) in section 731(a) thereof, by striking out "bear the interest" and inserting in lieu thereof "bear interest";

90 STAT. 805 42 USC 2928/. 42 USC 2928n. 42 USC 2930e, 2930f. 42 USC 2941.

42 USC 2942.

42 USC 2943. 42 USC 2944.

42 USC 2948. 42 USC 2951. 42 USC 2982a. 42 USC 2982c.

42 USC 2984.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/856

 90 STAT. 806 42 USC 2984.

42 USC 2984a. 42 USC 2985.

PUBLIC LAW 94-341—JULY 6, 1976 (5) in the first and second sentences of section 7 3 1 (c)(3) thereof, by striking out "Secretary" and inserting in lieu thereof "Director", in the first sentence, by striking out "subchapter" and inserting in lieu thereof " title " and in the second sentence by striking out " part B of"; (6) in section 732 thereof, by striking out " (d) " immediately before " Not later than " and inserting in lieu thereof " (b) "; (7) in section 741(b) thereof, by inserting "assistance or support," immediately after "legal"; (8) in section 741(c) thereof, by striking out "subchapter" and inserting in lieu thereof " title "; (9) by amending the heading for section 742 thereof to read as

follows: "SMALL BUSINESS ADMINISTRATION AND DEPARTMENT

OP COMMERCE PROGRAMS";

42 USC 2985a.

15 USC 681.

42 USC 2985b. 42 USC 2985c. 42USe2985c-l.

42 USC 2985d-2985g. 42 USC 2985c. 42USe2985c-l. 42 USC 2971f, 2971g.

(10) in section 742(a)(1) thereof— (A) by striking out " part " and inserting in lieu thereof "title"; (B) by striking out "company or a local" and inserting in lieu thereof "company, local"; and (C) by inserting immediately after "limited small business investment company" the following: ", or small business investment company licensee under section 301(d) of the Small Business Investment Act of 1958"; (11) in section 742(a)(2) thereof, by striking out "Secretary" and inserting in lieu thereof "Director" and by striking out " part " and inserting in lieu thereof " title "; (12) in section 742(b)(2) thereof, by inserting "of Commerce" immediately after "Secretary"; (13) in section 743 thereof, by striking out "this Act " and inserting in lieu thereof "this title "; (14) in section 744(a)(1) thereof, by inserting "as amended," immediately after "Housing Act of 1949,"; (15) in the first sentence of section 744(b) thereof, by striking out "Secretary" and inserting in lieu thereof "Director", by striking out " part " each place it appears therein and inserting in lieu thereof "title,", and by striking out "subsection (a) of this section" and inserting in lieu thereof "sections 742, 743, and 744 of this title "; (16) by redesignating sections 745 through 748 thereof as sections 746 through 749, respectively; and (17) in section 744 thereof— (A) by inserting immediately after subsection (a) the following new heading: "REPORT ON OTHER FEDERAL RESOURCES";

(B) by striking out " (a) " immediately before " The Secretary of Agriculture "; and (C) by striking out " (b) " immediately before " O n or before six months" and inserting in lieu thereof " SEC. 745.". (c) The Act is amended by redesignating section 626 and section 627 as section 627 and section 628, respectively. AMENDMENTS TO H E A D S T A R T, E C O N O M I C O P P O R T U N I T Y, A N D COMMUNITY PARTNERSHIP ACT O F 19 74

42 USC 2813. 42 USC 2815. 88 Stat. 2310.

SEC. 3. (a) Section 5(d)(2) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is amended by inserting "of such Act " immediately after "section 228(c)". (b) Section 9 of the H e a d s t a r t, Economic O p p o r t u n i t y, and Community Partnership Act of 1974 is amended—

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Page:United States Statutes at Large Volume 90 Part 1.djvu/857

 PUBLIC LAW 94-341—JULY 6, 1976

90 STAT. 807

(1) in subsection (b) thereof, by striking out "subsection (c) of this section" and inserting in lieu thereof "section 601 of the Economic Opportunity Act of 1964, as amended by subsection (a) of this section"; and (2) in subsection (e) thereof, by striking out the quotation mark immediately before "(e) The Economic Opportunity Act of 1964" and by striking out "after section 625" and inserting in lieu thereof "after section 626". (c) Section 14(b) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is amended by striking out "section 3(c)" and inserting in lieu thereof "section 8(c)". (d)(1) Section 15(a)(2) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is ^mended by inserting "of such Act" immediately after "section 221". (2) Section 15 of such Act is amended by adding at the end thereof the following: "(c) Any funds appropriated to carry out any program under the Community Services Act of 1974 which are not obligated prior to the end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year.".

^^ ^^^ ^942 °°^®* 42 USC 2941.

Approved July 6, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-889 (Comm. on Education and Labor). CONGRESSIONAL RECORD, VoL 122 (1976): Mar. 15, considered and passed House. June 23, considered and passed Senate.

42 USC 2971f. Ante, p. 806,, 42 USC 2933. 42 USC 2707.

42 USC 2701 '^*'*®-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/858

 90 STAT. 808

PUBLIC LAW 94-342—JULY 6, 1976

Public Law 94-342 94th Congress An Act July 6, 1976 [H.R. 11439]

Federal employees health benefits. Survivor annuitants, eligibility.

To amend title 5, United States Code, to restore eligibility for health benefits coverage to certain individuals whose survivor annuities are restored.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 8908 of title 5, United States Code, is amended— (1) by inserting " (a) " immediate!}^ before "An employee"; (2) by adding at the end thereof the following new subsection: "(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Civil Service Commission may prescribe, enroll in a health benefits plan described by section 8903 of this title if such spouse was covered by any such plan immediately before such annuity was terminated."; and (3) in the section caption, by striking out "employee" and inserting in lieu thereof "employees and survivor annuitants". (b) The item relating to section 8908 appearing in the analysis of chapter 89 of title 5, United States Code, is amended to read as follows: "8908. Coverage of restored employees and survivor annuitants.".

Effective date. 5 USC 8908 note.

SEC. 2. The amendments made by the first section of this Act shall take effect on October 1, 1976, or on the date of the enactment of this Act, whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date. Approved July 6, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-815 (Comm. on Post Office and Civil Service). SENATE REPORT No. 94-829 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 1, considered and passed House. June 22, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/859

 PUBLIC LAW 94-343—JULY 6, 1976

90 STAT. 809

Public Law 94-343 94th Congress An Act To amend the Central, Western, and South Pacific Fisheries Development Act to extend the appropriation authorization through fiscal year 1979, 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 Central, Western, and South Pacific Fisheries Development Act (86 Stat. 744; 16 U.S.C. 758a note) is amended— (1) by striking in section 2 the words "three-year"; (2) by striking in section 4 the words "June 30, 1976, a complete" and inserting in lieu thereof the words "January 30 of each year, an annual"; and (3) by inserting ", and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $3,000,000," in section 7. Approved July 6, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1141 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-866 accompanying S. 2219 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. May 2 1, considered and passed Senate, amended, in lieu of S. 2219. June 17, House concurred in Senate amendment with an amendment. June 22, Senate concurred in House amendment.

July 6, 1976 [H.R. 13380f

Central, Western, and South Pacific fisheries. Appropriation authorization.

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 90 STAT. 810

PUBLIC LAW 94-344—JULY 7, 1976

Public Law 94-344 94th Congress Joint Resolution July '> 1976 [SJ. Res. 49]

U.S. flag, display and use.

36 USC 173. 4 USC 1 note. Time and occasions for display.

36 USC 174.

Position and manner of display.

36 USC 175.

rpQ amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America", as amended (36 U.S.C. 171-178), is amended— (1) by adding after the last sentence of section 1 the following: "The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, chapter 1, section 1 and section 2 and Executive Order 10834 issued pursuant thereto"; (2) by striking out the second sentence of section 2(a) and inserting in lieu thereof the following: "However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness."; (3) by inserting in section 2(c) before the period a comma and the following: "except when an all weather flag is displayed"; (4) by striking out section 2(d) and inserting in lieu thereof ^]ie following: "(d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays."; (5) by striking out ", weather permitting," in section 2(e); (6) by striking out "radiator cap" in section 3(b) and inserting in lieu thereof "right fender"; (7) in the last sentence of section 3(f), by striking out "to the right of the flag of the United States." and inserting in lieu thereof the following: "to the United States flag's right."; (8) by striking out section 3(i) and inserting in lieu thereof the following: "(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.";

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 PUBLIC LAW 94-344—JULY 7, 1976

90 STAT. 811

(9) by striking out section 3(k) and inserting in lieu thereof 36 USC 175. the following: "(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience."; (10) by striking out section 3(m) and inserting in lieu thereof Flag at half-staff, the following: "(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff'. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the Ignited States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Definitions. Congress. As used in this subsection— "(1) the term 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff; "(2) the term 'executive or military department' means any agency listed under sections 101 and 102 of title 5, United States Code;and "(3) the term 'Member of Congress' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico."; (11) by adding at the end of section 3, a new subsection as fol- Display in building corridor lows: " (o) When the flag is suspended across a corridor or lobby in a build- °' Ying with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.";

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Page:United States Statutes at Large Volume 90 Part 1.djvu/862

 90 STAT. 812 Respect for flag.

36 USC 176.

Wearing apparel, bedding, or drapery, prohibition.

Advertising purposes, prohibition.

Costumes or athletic uniforms, prohibition.

Hoisting, lowering, and passing of flag. 36 USC 177.

National anthem, conduct during playing.

36 USC 171.

PUBLIC LAW 94-344—JULY 7, 1976 (12) by striking out section 4(a) and inserting in lieu thereof the following: "(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property."; (13) by striking out section 4(d) and inserting in lieu thereof the following: "(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general."; (14) by striking out section 4(e) and inserting in lieu thereof the following: "(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way."; (15) by striking out section 4(i) and inserting in lieu thereof the following: "(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown."; (16) by redesignating section 4(j) as section 4(k) and by inserting after section 4(i) a new subsection as follows: "(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart."; (17) by striking out section 5 and inserting in lieu thereof the following: "SEC. 5. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes."; (18) by striking out section 6 and inserting in lieu thereof the following: "SEC. 6. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.";

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 PUBLIC LAW 94-344—JULY 7, 1976 (19) by striking out section 7 and inserting in lieu thereof the following: "SEC. 7. The Pledge of Allegiance to the Flag, 'I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.', should be rendered by standing at attention facing the nag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."; and (20) by striking out section 8 and inserting in lieu thereof the following: "SEC. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.". Approved July 7, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-797 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): May 10, considered and passed Senate. June 21, considered and passed House, amended. June 22, Senate concurred in House amendments.

90 STAT. 813 Pledge of Allegiance to the Flae.

36 USC 172.

Rules and customs, modiHcation. 36 USC 178.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/864

 90 STAT. 814

PUBLIC LAW 94-345—JULY 8, 1976

Public Law 94-345 94th Congress An Act July 8, 1976 [H.R. 8471]

Canal Zone. Alcoholic beverages, regulations.

To authorize the President to prescribe regulations relating to the purchase, possession, consumption, use, and transportation of alcoholic beverages in the Canal Zone.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That section 731 of title 2, Canal Zone Code (76A Stat. 29), is revised to read as follows: "The President shall prescribe, and from time to time may amend, regulations relating to the: " (1) manufacture, distribution, and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor; "(2) importation of alcoholic beverages into, and exportation thereof from, the Canal Zone; and " (3) purchase, possession, consumption, use, and transportation of alcoholic beverages by individuals under eighteen years of age.". SEC. 2. Section 732 of title 2, Canal Zone Code (76A Stat. 29) is revised to read as follows: "§732. Penalties for violation "(a) Whoever violates a regulation issued pursuant to paragraphs (1) and (2) of section 731 of this title shall be fined not more than $500 or imprisoned in jail not more than six months, or both, and, in addition, his license may be revoked or suspended as the President may prescribe by the regulations as issued. (76A Stat. 29.) "(b) Whoever violates a regulation issued pursuant to paragraph (3) of section 731 of this title shall be fined not more than $100 or imprisoned in jail not more than thirty days, or both.". SEC. 3. The amendments made in sections 1 and 2 of this Act shall take effect on the ninetieth day after the date of enactment of this Act, Approved July 8, 1976.
 * §731. Regulation of manufacture, sale, et cetera

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1140 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. June 24, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/865

 PUBLIC LAW 94-346—JULY 8, 1976

90 STAT. 815

Public Law 94-346 94th Congress An Act To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended to read as follows: "SEC. 121. There are authorized to be appropriated for the purpose of carrying out this Act, not to exceed $13,000,000 for the transition period July 1, 1976, through September 30, 1976, $60,000,000 for the fiscal year ending September 30, 1977, and $60,000,000 for the fiscal year ending September 30, 1978.". SEC. 2. Section 103(i)(1)(B) of such Act is amended by striking out "the expiration of the nine-month period which begins on the date of promulgation of such safety standards" and inserting in lieu thereof "April 1, 1977". SEC. 3. Section 103(i) of such Act is amended by adding at the end thereof the following new paragraph: "(3) Not later than six months after the date of enactment of this section, the Secretary shall conduct a study and report to Congress on (A) the factors relating to the schoolbus vehicle which contribute to the occurrence of schoolbus accidents and resultant injuries, and (B) actions which can be taken to reduce the likelihood of occurrence of such accidents and severity of such injuries. Such study shall consider, among other things, the extent to which injuries may be reduced through the use of seat belts and other occupant restraint systems in schoolbus accidents, and an examination of the extent to which the age of schoolbuses increases the likelihood of accidents and resultant injuries.". Approved July 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1148 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-854 accompanying S. 2323 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): June 11, considered and passed House. June 24, considered and passed Senate, amended, in lieu of S. 2323. June 29, House concurred in Senate amendment. 89-194 O—78—pt. 1

55

July 8, 1976 [H.R. 9291]

National Traffic and Motor Vehicle Safety Act, amendment. Appropriation authorization.

Schoolbus equipment safety standards. 15 USC 1392.

Study; report to

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 90 STAT. 816

PUBLIC LAW 94-347—JULY 8, 1976

Public Law 94-347 94th Congress An Act July 8, 1976 [H.R. 12545]

River basin programs. Appropriation authorization.

Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: Act of

Basin Alabama-Coosa River Basin Arkansas River Basin Brazos River Basin Columbia River Basin Mississippi River and tributaries Missouri River Basin North Branch, Susquehanna River Basin Ohio River Basin Red River Waterway project San Joaquin River Basin Santa Ana River Basin South Platte River Basin Upper Mississippi River Basin

-

Mar. June Sept. June May June July June —- Aug. Dec. June May June

2, 1945 28, 1938 3, 1954 28, 1944 15, 1928 28, 1938 3, 1958 22, 1936 13, 1968 22, 1944 22, 1936 17, 1950 28, 1938

Amount $6,000,000 6,000,000 19,000,000 39,000,000 220,000,000 85,000,000 72,000,000 23,000,000 60,000,000 46,000,000 2,000,000 22,000,000 2,000,000

(b) The total amount authorized to be appropriated by this Act shall not exceed $602,000,000. Approved July 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1082 (Comm. on Public Works and Transportation). SENATE REPORTS: No. 94-849 accompanying S. 3432 and No. 94-951 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. May 18, S. 3432 considered and passed Senate. June 25, considered and passed Senate, in lieu of S. 3432. '

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 PUBLIC LAW 94-348—JULY 8, 1976

90 STAT. 817

Public Law 94-348 94th Congress An Act To amend the Federal Railroad Safety Act of 1970 to authorize additional appropriations, and for other purposes.

July 8, 1976 [H.R. 11804]

Be it enacted by the Senate and House of Representatives of the Federal Railroad United States of America in Congress assembled, Safety Authorization Act SHORT TITLE of 1976. SECTION 1. This Act may be cited as the "Federal Railroad Safety 45 USC 421 note. Authorization Act of 1976". AUTHORIZATION FOR APPROPRIATIONS

SEC. 2. (a) Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441) is amended to read as follows: "SEC. 212. AUTHORIZATION FOR APPROPRIATIONS. "(a) There are authorized to be appropriated to carry out the provisions of this Act not to exceed $35,000,000 for the fiscal year ending September 30, 1977, and not to exceed $35,000,000 for the fiscal year ending September 30, 1978. "(b) Except as provided in subsection (c) of this section, amounts appropriated under subsection (a) of this section for any fiscal year shall be available for expenditure in such fiscal year as follows: "(1) For the Office of Safety, including salaries and expenses for not more than (A) 500 safety inspectors, (B) 45 signal and train control inspectors, and (C) 110 clerical personnel, not to exceed $18,000,000 in any fiscal year. "(2) To carry out the provisions of section 206(d) of this Act, relating to State safety programs, not to exceed $3,500,000 in any fiscal year. " (3) For the Federal Railroad Administration, for salaries and expenses not otherwise provided for, not to exceed $3,500,000 in any fiscal year. " (4) For conducting research and development activities under this Act, not to exceed $10,000,000 in any fiscal year. "(c)(1) The aggregate of the amounts obligated and expended for research and development activities under this Act in any fiscal year shall not exceed the aggregate of the amounts expended for rail inspection and for the investigation and enforcement of railroad safety rules, regulations, orders, and standards under this Act in the same fiscal year. For purposes of this paragraph and paragraph (4) of subsection (b) of this section, amounts made available under paragraph (2) of this subsection for expenditure for research and development activities under this Act in any fiscal year following the fiscal year in which such amounts were originally appropriated shall be considered to have been obligated and expended for such activities during the fiscal year in which such amounts were originally appropriated. "(2) Of amounts appropriated under subsection (a) of this section and available for expenditure for conducting research and development activities under subsection (b)(4) of this section, not to exceed

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 90 STAT. 818

PUBLIC LAW 94-348—JULY 8, 1976 $5,000,000 of amounts so appropriated and made available for fiscal year 1977, and not to exceed $7,000,000 of amounts so appropriated and made available for fiscal year 1978, are authorized to remain available until expended for conducting research and development activities under this Act.". PENALTIES

SEC. 3. (a) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6), is amended by striking out "two hundred and fifty dollars" and inserting in lieu thereof "not less than $250 and not more than $2,500". (b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13), is amended by striking out "two hundred and fifty dollars" and inserting in lieu thereof "not less than $250 and not more than $2,500". (c) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34), is amended by striking out "two hundred and fifty dollars" and inserting in lieu thereof "not less than $250 and not more than $2,500". (d) Section 25(h) of the Interstate Commerce Act (49 U.S.C. 26(h)) is amended by striking out "$100 for each such violation and $100" and inserting in lieu thereof "not less than $250 and not more than $2,500 for each such violation and not less than $250 and not more than $2,500". 31 USC 952 note. (e) Notwithstanding any provision of the Federal Claims Collection Act of 1966 (31 U.S.C. 951-953), no penalty arising under a statute amended by this section shall be compromised by the Secretary for an amount less than $250. HOURS o r

SERVICE

SEC. 4. (a) Section 2(a) of the Act of March 4, 1907 (45 U.S.C. 62(a)), commonly referred to as the Hours of Service Act, is amended— (1) by striking out "or" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: "(3) to provide sleeping quarters for employees (including crew quarters, camp or bunk cars, and trailers) which do not afford such employees an opportunity for rest, free from interruptions caused by noise under the control of the railroad, in clean, safe, and sanitary quarters; or "(4) to begin construction or reconstruction of any sleeping quarters referred to in paragraph (3), on or after the date of enactment of this paragraph, within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary) of any area where railroad switching or humping operations are performed.". (b) Section 2 of such Act (45 U.S.C. 62) is amended by striking out subsection (c), relating to the exemption of crews of wreck or relief trains from limitations on employees hours of service, and inserting in lieu thereof the following new subsection: "(c) Notwithstanding subsection (a) of this section, the crew of a wreck or relief train may be permitted to be or remain on duty for not to exceed 4 additional hours in any period of 24 consecutive hours whenever an actual emergency exists and work of the crew is related to such emergency. For purposes of this subsection, an emergency ceases to exist when the track is cleared and the line is open for traffic". (c) Subsection (b)(2) of the first section of such Act (45 U.S.C. 61 (b)(2)), relating to the definition of the term "employee", is amended

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 PUBLIC LAW 94-34S—JULY 8, 1976 by inserting immediately before the period at the end thereof the following:, including hostlers". (d) The Act of March 4, 1907 (45 U.S.C. 61-64b) is further amended by adding a new section 3A to read as follows: "SEC. 3 A. (a) I t shall be unlawful for any common carrier, its officers or agents, subject to this Act— " (1) to require or permit an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems, in case such individual shall have been continuously on duty for twelve hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty; or " (2) to require or permit an individual described in paragraph (1) to continue on duty or to go on duty when he has not had at least eight consecutive hours off duty during the preceding twentyfour hours. "(b) In determining for the purposes of subsection (a) the number of hours an individual is on duty, there shall be counted, in addition to the time such individual is actually engaged in installing, repairing or maintaining signal systems, all time on duty in other service performed for the common carrier during the twenty-four hour period involved. "(c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when the individual is finally released from duty. "(d) As used in sections 2(a)(3), 4, and 5 of this Act, the term 'employee' shall be deemed to include an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems. "(e) The provisions of this section shall not apply to an individual during such period of time as the provisions of section 3 apply to his duty and off-duty periods. "(f) Notwithstanding subsection (a) of this section, an individual engaged in installing, repairing, or maintaining signal systems may be permitted to be or remain on duty for not to exceed four additional hours in any period of twenty-four consecutive hours whenever an actual emergency exists and work of the individual is related to such emergency. For purposes of this subsection with respect to the on-duty time of an individual engaged in installing, repairing, or maintaining signal systems, an emergency ceases to exist when the signal systems are restored to service.". (e) Section 5(a) of such Act (45 U.S.C. 64a(a)) is amended by deleting the words "section 2 or section 3 of this Act" and by inserting in lieu thereof the following: "section 2, section 3 or section 3A of this Act".

90 STAT. 819

45 USC 63a.

Ante, p. 818. 45 USC 64, 64a.

45 USC 63.

SAFETY REGULATIONS

SEC. 5. (a) Section 202(d) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431 (d)) is amended to read as follows: "(d) In prescribing rules, regulations, orders, and standards under this section, the Secretary shall consider relevant existing safety data and standards and shall, within 180 days after the date of enactment of the Federal Railroad Safety Authorization Act of 1976, take such Ante, p. 817. action as may be necessary to develop and publish rules of practice applicable to all proceedings under this Act. Such rules of practice shall take into consideration the varying nature of proceedings under this Act and shall include specific time limits upon the disposition of all proceedings initiated under this Act. In no event shall the time

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 90 STAT. 820

'

/

Ante, p. 817.

PUBLIC LAW 94-348—JULY 8, 1976 limit for any such proceeding extend for more than 12 months after the date such proceeding is initiated.". (b) Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by adding at the end thereof the following new subsection: " (g) The Secretary shall, within 180 days after the date of enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to require that— " (1) in any case in which activities of railroad employees (other than train or yard crews) assigned to inspect, test, repair, or service rolling equipment require such employees to work on, under, or between such equipment, each manually operated switch, including any crossover switch, providing access to the track on which such equipment is located must be lined against movement to that track and secured by an effective locking device which may not be removed except by the class or craft of employees performing such inspection, testing, repair, or servicing. "(2) the rear car of all passenger and commuter trains shall have one or more highly visible markers which are lighted during periods of darkness or whenever weather conditions restrict clear visibility; and "(3) the rear car of all freight trains shall have highly visible markers during periods of darkness or whenever weather conditions restrict clear visibility. Notwithstanding the provisions of section 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434), nothing in paragraphs (2) and (3) of this subsection shall prohibit a State from continuing in force any law, rule, regulation, order or standard in effect on the date of enactment of the Federal Railroad Safety Authorization Act of 1976 relating to lighted markers on the rear car of freight trains except to the extent that such law, rule, regulation, order, or standard would cause such cars to be in violation of this section.". REGIONAL ORGANIZATION OF FEDERAL RAILROAD ADMINISTRATION

49 USC 1652a.

SEC. 6. The Federal Railroad Administration shall be divided on a geographical basis into not less than 8 safety offices for purposes of administering and enforcing all Federal railroad safety laws. The Secretary shall retain full and final responsibility for all acts taken pursuant to Federal railroad safety laws and for the establishment of all policies with respect to implementation of such laws, and shall be responsible for insuring that all such laws are administered and enforced uniformly among such offices. EVALUATION OF THE FEDERAL RAILROAD SAFETY PROGRAM

Study. SEC. 7. (a) The Office of Technology Assessment shall conduct a 45 USC 421 note, study of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.) and related Federal laws to evaluate their effectiveness in improving the safety of our Nation's railroads. Such study and evaluation shall include, but shall not be limited to— '* (1) a cost-benefit analysis of the railroad safety research and development activities under the Federal Railroad Safety Act of 1970 and related Federal laws; (2) an evaluation of trends with respect to railroad employee injuries and casualties, injuries and casualties to other persons, accidents by type and cause, and such other data as the Office of Technology Assessment considers necessary to determine any

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 PUBLIC LAW 94-348—JULY 8, 1976 significant statistical relationship between safety practices, expenditures, penalties for violation of Federal railroad safety laws and regulations, and accident rates; (3) a statistical comparison of railroad accidents reported by each railroad for the 10-year period preceding the date of enactment of this Act; (4) the cost-benefit and effectiveness of accident prevention resulting from the methodology used and practices employed by Federal and State railroad safety inspectors under Federal railroad safety laws and regulations; (5) an evaluation of safety inspection activities conducted by the railroad industry; (6) an evaluation and analysis of industry research and development relating to railroad safety and accident prevention; (7) a cost-benefit analysis of the various Federal laws and regulations relating to railroad safety; and (8) the need for additional Federal expenditures for improvements in railroad safety. (b) The Office of Technology Assessment shall, within 18 months after the date of enactment of this Act, submit a report to the Congress containing the results of the study conducted pursuant to this section, together with recommendations for such legislative or other action as such Office considers appropriate. (c) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. UNIFORMITY OF JUDICIAL

90 STAT. 821

Report to Congress.

Appropriation authorization.

REVIEW

SEC. 8. Section 4(c) of the Department of Transportation Act (49 U.S.C. 1653 (c)) is amended by adding at the end thereof the following new sentence: "This subsection shall not apply to functions, powers, and duties transferred to the Secretary from the Interstate Commerce Commission under sections 6(e)(1) through (4) and section 6(e)(6) (A) of this Act". Approved July 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1166 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-855 accompanying S. 3119 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): June 9, 11, considered and passed House. June 24, considered and passed Senate, amended, in lieu of S. 3119. June 25, House concurred in Senate amendments.

49 USC 1655.

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 90 STAT. 822

PUBLIC LAW 94-349—JULY 8, 1976

Public Law 94-349 94th Congress An Act July 8, 1976 [H.R. 13899]

Federal Rules of Procedure. Certain proposed amendments, delay of effective date. 18 USC 3771 note.

28 USC 2071 note.

To delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the amendments to rules 6(e), 23, 24, 40.1 and 41(c)(2) of the Rules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until August 1, 1977, or until and to the extent approved by Act of Congress, whichever is earlier. The remainder of the proposed amendments to the Federal Rules of Criminal Procedure shall become effective August 1, 1976, pursuant to law. SEC. 2. That, notwithstanding the provisions of section 2072 of title 28 of the United States Code, the rules and forms governing section 2254 cases in the United States district courts and the rules and forms governing section 2255 proceedings in the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until thirty days after the adjournment sine die of the 94th Congress, or until and to the extent approved by Act of Congress, whichever is earlier. Approved July 8, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1204 (Comm. on the Judiciary). SENATE REPORT No. 94-990 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): June 7, considered and passed House. June 29, considered and passed Senate, amended. June 30, House agreed to Senate amendment.

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 PUBLIC LAW 9 4 - 3 5 0 — J U L Y 12, 1976

90 STAT. 8 2 3

Public Law 94-350 94th Congress An Act To authorize fiscal year 1977 appropriations for the Department of State, the United States Information Agency, and the Board for International Broadcasting, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Foreign Relations Authorization Act, Fiscal Year 1977". TITLE I—STATE DEPARTMENT AUTHORIZATION OF APPROPRIATIONS

July 12, 1976 [S. 3168]

Foreign Relations Authorization Act, Fiscal Year 1977. 22 USC 2689 note.

SEC. 101. (a) There are authorized to be appropriated for the Department of State for fiscal year 1977, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following a m o u n t s: (1) For the "Administration of Foreign Affairs", $552,455,000. (2) For " International Organizations and Conferences", $342,460,453. (3) For "International Commissions", $17,069,000. (4) For "Educational Exchange", $68,500,000. (5) For "Migration and Refugee Assistance", $10,000,000. (6) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such amounts as may be necessary. (b) Amounts appropriated under this section are authorized to remain available until expended. TRANSFER AUTHORITY

SEC. 102. Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 101(a) (other than paragraph (6)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (6)), except that the total amount appropriated for a purpose described in any paragraph of section 101(a) (other than paragraph (6)) may not exceed the amount specifically authorized for such purpose by section 101(a) by more than 10 per centum. CONTRIBUTION TO THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL ORGANIZATION

SEC. 103. Notwithstanding the limitation contained in the proviso in the paragraph under the subheading "Contributions to International Organizations" in title I of the Act of October 25, 1972 (86 Stat. 1110), and notwithstanding the requirements of section 302(h) of the Foreign Assistance Act of 1961, $3,545,453 of the amount authorized to be appropriated by section 101(a)(2) of this Act may be used to complete the fiscal year 1975 United States contribution to the United Nations Educational, Scientific, and Cultural Organization.

22 USC 2222.

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 90 STAT. 824

PUBLIC LAW 94-350—JULY 12, 1976 INTERNATIONAL JOINT COMMISSION

22 USC 2689.

SEC. 104. The Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, is amended by adding at the end thereof the following new section: "SEC. 19. Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use not to exceed $1,500 of the funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.". RUSSIAN R E F U G E E ASSISTANCE

,,.,-' 86 Stat. 489.

S E C 105, In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary of State for fiscal year 1977 not to exceed $20,000,000 to carry out the provisions of section 101 (b) of the Foreign Relations Authorizations Act of 1972 (relating to Russian refugee assistance) and to furnish similar assistance to refugees from Communist countries in Eastern Europe. None of the funds appropriated under this section may be used to resettle refugees in any country other than Israel. Amounts appropriated under this section are authorized to remain available until expended. UNITED STATES PASSPORT OFFICE

SEC. 106. In addition to amounts otherwise available for such purposes, there is authorized to be appropriated for fiscal year 1977, $1,000,000, to be used for miniaturization of the files of the United States Passport Office. Amounts appropriated under this section are authorized to remain available until expended. NORTH ATLANTIC

22 USC 1928e. 22 USC 1928b.

ASSEMBLY

SEC. 107. The joint resolution entitled "Joint resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization", approved July 11, 1956, is amended by adding at the end thereof the following new section: "SEC. 5. In addition to the amounts authorized by section 2, there is authorized to be appropriated $50,000 for fiscal year 1977 to meet the expenses incurred by the United States group in hosting the twenty-second annual meeting of the North Atlantic Assembly. Amounts appropriated under this section are authorized to remain available until expended.". P A Y M E N T TO LADY CATHERINE H E L E N S H A W

SEC. 108. Of the amount appropriated under paragraph (1) of section 101(a) of this Act for salaries and expenses, $10,000 shall be available for payment ex gratia to Lady Catherine Helen Shaw, wife of the former Australian Ambassador to the United States, as an expression of the concern of the United States Government for the injuries which she sustained as a result of an attack on her in the District of Columbia. FOREIGN SERVICE BUILDINGS

22 USC 295.

AUTHORIZATION

SEC. 109. Section 4 of the Foreign Service Buildings Act, 1926, is amended—

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 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 825

(1) in paragraph (2) of subsection (h) by striking out "$71,600,000" and inserting in lieu thereof "$73,058,000"; and (2) by adding the following new subsection at the end of the section: " (j) For the purpose of carrying into effect the provisions of this Act in the Union of Soviet Socialist Republics, there is authorized to be appropriated, in addition to amounts authorized prior to the enactment of this subsection, $30,000,000, which amount is authorized to remain available until expended.".

% .:,

P A N AMERICAN GAMES

SEC. 110. (a) The Congress finds that— (1) the Eighth Pan American Games to be held in San Juan, Puerto Rico, in 1979 will provide an opportunity for more than six thousand young men and women, representing thirty-three countries in the Western Hemisphere, to participate in friendly athletic competition; (2) international sporting events such as the Eighth Pan American Games make a unique contribution in promoting common understanding and mutual respect among people of different <? cultural backgrounds; and (3) the President has the authority under the Mutual Educational and Cultural Exchange Act of 1961 to provide financing, 22 USC 2451 when he considers that it would strengthen international coopera- note. tive relations, for (A) tours abroad by American athletes, (B) i United States representation in international sports competitions, and (C) participation by groups and individuals from other countries in tours and in sports competitions in the United States. (b) In order to strengthen international cooperative relations and promote the purposes of the Mutual Educational and Cultural > i Exchange Act of 1961, the Secretary of State shall use funds appropriated to carry out this section to provide financial assistance for the Eighth Pan American Games to be held in Puerto Rico in 1979. Such funds shall be transferred by the Secretary to the Recreational Development Company of Puerto Rico (a government corporation of the Commonwealth of Puerto Rico) for expenses directly related to the Eighth Pan American Games, including expenses for— (1) promoting, organizing, and conducting such games; (2) constructing new and repairing existing athletic and recreational facilities; (3) providing lodging, food, and transportation for participants in such games and for related personnel; and (4) acquiring necessary material and equipment for such games. Such expenditures shall be subject to such controls and audits as the Comptroller General may prescribe. (c) To carry out this section, there is authorized to be appropriated to the Secretary of State $12,000,000. PARTICIPATION

BY FEDERAL EMPLOYEES PROGRAMS

IN

CULTURAL

EXCHANGE

SEC. 111. The Mutual Educational and Cultural Exchange Act of 1961 is amended by adding immediately after section 108 the following new section: " S E C 108A. (a)(1) Congress consents to the acceptance by a Fed- 22 USC 2458a. eral employee of grants and other forms of assistance provided by a

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 90 STAT. 826

22 USC 2452. 22 USC 2451.

"Federal etaployee."

Regulations. " ' '

22 USC 889.

Regulations.

PUBLIC LAW 94-350—JULY 12, 1976 foreign government to facilitate the participation of such Federal employee in a cultural exchange— "(A) which is of the type described in section 102(a)(2)(i) of this Act, "(B) which is conducted for a purpose comparable to the purpose stated in section 101 of this Act, and "(C) which is specifically approved by the Secretary of State for purposes of this section; but the Congress does not consent to the acceptance by any Federal employee of any portion of any such grant or other form of assistance which provides assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee. "(2) For purposes of this section, the term 'Federal employee' means any employee as defined in subparagraphs (A) through (E) of section 7342(a)(1) of title 5 of the United States Code, but does not include a person described in subparagraph (F) of such section. "(b) The grants and other forms of assistance with respect to which the consent of Congress is given in subsection (a) of this section shall not constitute gifts for purposes of section 7342 of title 5 of the United States Code. "(c) The Secretary of State is authorized to promulgate regulations for purposes of this section.". A N N U I T Y INCREASES FOR AEIEN EMPLOYEES

SEC. 112. Section 444(a) of the Foreign Service Act of 1946 is amended— (1) by inserting " (1) " immediately after " (a) "; and (2) by inserting the following new paragraph at the end thereof: "(2) The Secretary may, under such regulations as he may prescribe, make supplemental payments, out of funds appropriated after the date of enactment of this subparagraph for salaries and expenses, to any civil service annuitant who is a former alien employee of the Service (or is a survivor of a former alien employee of the Service) in order to offset exchange rate losses, if the annuity being paid such annuitant is based on (A) a salary that was fixed in a foreign currency that has appreciated in value in terms of the United States dollar, and (B) service in a country in which (as determined by the Secretary) the average retirement benefits being received by those who have retired from competitive local organizations are superior to the local currency value of civil service annuities plus any other retirement benefits payable to alien employees who have retired during similar time periods and after comparable careers with the United States Government.". M E M B E R S H I P AUTHORITY FOR INTERNATIONAL

ORGANIZATIONS

SEC. 113. The President is authorized to maintain United States membership in the International Cotton Advisory Committee, the International Lead and Zinc Study Group, the International Rubber Study Group, and the International Seed Testing Association. PANAMA

CANAL

SEC. 114. Any new Panama Canal treaty or agreement negotiated with funds appropriated under this title must protect the vital interests

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 PUBLIC LAW 94-350—JULY 12, 1976

90 STAT. 827

of the United States in the Canal Zone and in the operation, maintenance, property, and defense of the Panama Canal. INTERNATIONAL

JOINT

COMMISSION

SEC. 115. After the date of enactment of this Act, any commissioner of the International Joint Commission appointed on the part of the United States, pursuant to article VII of the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington on January 11, 1909 (36 Stat. 2448; TS 548; III Redmond 2607), shall be appointed by the President by and with the advice and consent of the Senate. FOREIGN

Commissioner, appointment.

GIFTS

SEC. 116. (a) The Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended by section 104 of this Act, is further amended by adding at the end thereof the following new section: "SEC. 20. Any expenditure for any gift for any person of any foreign 22 USC 2690. country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Comptroller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure and necessary to facilitate the audit.". STATE DEPARTMENT/UNITED STATES INFORMATION AGENCY PERSONNEL SYSTEM

SEC. 117. It is the sense of Congress that the proliferation of personnel categories within the State Department and the United States Information Agency (the several categories being characterized by various standards for hiring, tenure, and pay) has resulted in a personnel system susceptible to inefficiency, inequity, and abuse. Therefore, within one hundred and eighty days of the enactment of this Act, the Secretary of State shall transmit to Congress a comprehensive plan for the improvement and simplification of this system, such plan to include a reduction in the number of personnel categories, and proposed legislation if necessary.

Comprehensive plan, transmittal to Congress.

PARLIAMENTARY CONFERENCES

SEC. 118. (a) Section 2 of the Act of June 11, 1959 (Public Law 86-42; 73 Stat. 72), is amended by striking out "$30,000" and inserting in lieu thereof "$50,000", and by striking out "$15,000" each time it appears and inserting in lieu thereof "25,000". (b) Section 2 of the Act of April 9, 1960 (Public Law 86-420; 74 Stat. 40), is amended by striking out "$30,000" and inserting in lieu thereof "$50,000", and by striking out "$15,000" each time it appears and inserting in lieu thereof "$25,000". MEDICAL MALPRACTICE PROTECTION

SEC. 119. Title X of the Foreign Service Act of 1946 is amended by adding at the end thereof the following new part:

22 USC 276e.

22 USC 276i.

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 90 STAT. 828

PUBLIC LAW 94-350—JULY 12, 1976 "PART J—MALPRACTICE PROTECTION

22 USC 817.

"SEC. 1091. (a) The remedy— ' ' "(1) against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, or "(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under such sections, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State (including the Agency for International Development) in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality ,.,,^,,., shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, phar. macist, or paramedical or other supporting personnel (or his or her estate) whose act or omission gave rise to such claim. Gvil action. " (b) The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or her or an attested true copy thereof to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. Certification. "(c) Upon a certification by the Attorney General that the defendant was acting within the scope of his or her employment in or for the ,,^, Department of State or any other Federal department, agency, or instrumentality at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the pro28 USC 1 et seq. visions of title 28 of the United States Code and all references thereto. Should a United States district court determine on a hearing on a - • t *£D motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court except that where such rem-. • edy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in that event, the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section. "(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in

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 PUBLIC LAW 94-350—JULY 12, 1976 section 2677 of title 28 of the United States Code and with the same effect. "(e) For purposes of this section, the provisions of section 2680(h) of title 28 of the United States Code shall not apply to any tort enumerated therein arising out of negligence in the furnishing of medical care or related services, including the conducting of clinical studies or investigations. "(f) The Secretary may, to the extent he deems appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of subsection (a) of this section apply, for damages for personal injury, including death, negligently caused by any such person while acting within the scope of his or her office or employment and as a result of the furnishing of medical care or related services, including the conducting of clinical studies or investigations, if such person is assigned to a foreign area or detailed for service with other than a Federal agency or institution, or if the circumstances are such as are likely to preclude the remedies of third persons against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, for such damage or injury. "(g) For purposes of this section, any medical rare or related service covered by this section and performed abroad by a covered person at the direction or with the approval of the United States Ambassador or other principal representative of the United States in the area shall be deemed to be within the scope of employment of the individual performing the service.".

90 STAT. 829

Liability insurance.

Medical care.

APPOINTMENT OF AMBASSADORS

SEC. 120. It is the sense of the Congress that a greater number of positions of ambassador should be occupied by career personnel in the Foreign Service. DISCRIMINATION

SEC. 121. Information should not be disseminated about opportunities 22 USC 2661a. for, and there should be no participation or other assistance by any officer or employee of the Department of State (including the Agency for International Development) in, the negotiation of any contract or arrangement with a foreign country, individual, or entity, if— (1) any United States person (as defined in section 7701(a) (30) of the Internal Revenue Code of 1954) is prohibited from entering 26 USC 7701. into such contract or arrangement, or (2) such contract or arrangement requires that any such person be excluded from participating in the implementation of such contract or arrangement, A. -f*' i on account of the race, religion, national origin, or sex of such person in the case of an individual or, in the case of a partnership, corporation, association, or other entity, any officer, employee, agent, director, or owner thereof. TITLE II—UNITED STATES INFORMATION AGENCY AUTHORIZATION OF APPROPRIATIONS

SEC. 201. (a) There are authorized to be appropriated for the United States Information Agency for fiscal year 1977, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, the Mutual Edu- 22 USC 1431 cational and Cultural Elxchange Act of 1961, and Reorganization note. 22 USC 2451 note.

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 90 STAT. 830 22 USC 1461 note.

PUBLIC LAW 94-350—JULY 12, 1976 Plan Numbered 8 of 1953, and other purposes authorized by law, the following amounts: (1) For "Salaries and Expenses*' and "Salary and Expenses (special foreign currency program)", $255,925,000. (2) For "Special International Exhibitions", $4,841,000. (3) For "Acquisition and Construction of Radio Facilities", $2,142,000. (4) Such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, or other nondiscretionary costs. (b) Amounts appropriated under this section are authorized to remain available until expended. TRANSFER AUTHORITY

. - ;;

SEC. 202. Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 201(a) (other than paragraph (4)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (4)), except that the total amount appropriated for a purpose described in any paragraph of section 201(a) (other than paragraph (4)) may not exceed the amount specifically authorized for such purpose by section 201(a) by more than 10 per centum. PURCHASE OF UNIFORMS

22 USC 1474.

.,: ••-

SEC. 203. Section 804 of the United States Information and Educational Exchange Act of 1948 is amended— (1) by striking out "and" at the end of paragraph (12); (2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof "; and"; and (3) by adding immediately after paragraph (13) the following new paragraph: "(14) purcliase uniforms, when funds are appropriated therefor.". REPLACEMENT OF PASSENGER MOTOR VEHICLES

,,-^

.

SEC. 204. Title VIII of the United States Information and Educational Exchange Act of 1948 is amended by adding at the end thereof the following new section: "REPLACEMENT OF PASSENGER MOTOR VEHICLES

22 USC 1475a. 22 USC 2451 note. 40 USC 481.

"SEC. 806. The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of 1961 are authorized to be made available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949.". . . BICENTENNIAL DISTRIBUTION OF CERTAIN ITEMS PREPARED BY THE UNITED STATES INFORMATION AGENCY

22 USC 1461.

SEC. 205. (a) Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948, the Director of the United States Information Agency shall make available to the Administrator of General Services, for deposit

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