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90 STAT. 2345

account under clauses (i) and (ii) of paragraph (1)(B) shall be three-fourths of the amount which (but for this paragraph) would be taken into account. "(7)

ADJUSTMENT

WHERE

FEDERAL

GOVERNMENT

ASSUMES

RESPONSIBILITY FOR CATEGORY OF EXPENDITURES.—If, fop an entitlement period beginning on or after January 1, 1977, a State government establishes to the satisfaction of the Secretary that during all or part of the period utilized for purposes of paragraph (1)(B)(i), the Federal Government has assumed responsibility for a category of expenditures for which such State government transferred amounts which (but for this paragraph) would be included in the aggregate amount taken into account under paragraph (1)(B) (ii) for the period utilized for purposes of such paragraph, then (under regulations prescribed by the Secretary) the aggregate amount taken into account under paragraph (1)(B) (ii) shall be reduced to the extent that increased Federal Government spending in that State for such category of expenditures has replaced corresponding amounts which such State government had transferred to units of local government during the period utilized for purposes of paragraph (l)(B) ( i i). ". (b)

WAIVERS BY I N D I A N TRIBES AND A L A S K A N NATIVE VILLAGES.—

(1) Paragraph (4) of section 108(b) (relating to Indian tribes 31 USC 1227. and Alaskan native villages) is amended by striking out the last sentence. (2) Paragraph (6)(D) of such section (relating to effect of waivers) is amended by a d d i n g at the end thereof the following: " I f the entitlement of an Indian tribe or Alaskan native village is waived for any entitlement period by the governing body of that tribe or village, then the amount of such entitlement for such period shall (in lieu of being paid to such tribe or village) be added to, and shall become a part of, the entitlement for such period of the county government of the county area in which such tribe or village is located.''. (c) SEPARATE L A W ENFORCEMENT OFFICERS. —

(1) GENERAL RULE.—Section 108 (relating to entitlements of local governments) is amended by adding at the end thereof the following new subsection: "(e)

SEPARATE L A W ENFORCEMENT OFFICERS. — " (1) ENTITLEMENT OF SEPARATE LAW ENFORCEMENT OFFICERS.—

The office of the separate law enforcement officer for any county Louisiana, area in the State of Louisiana, other than the parish of E a s t Baton Rouge, shall be entitled to receive for each entitlement period beginning on or after January 1, 1977, an amount equal to 15 percent of the amount which would (but for the provisions of this subsection) be the entitlement of the government of such county area. The office of the separate law enforcement officer for the parish of E a s t Baton Rouge shall be entitled to receive for each entitlement period beginning on or after January 1, 1977, a n amount equal to 7.5 percent of the sum of the amounts which would (but for the provisions of this subsection) be the entitlements of the governments of Baton Rouge, Baker, and Zachary^ Louisiana, for each such entitlement period. "(2)

REDUCTION OF ENTITLEMENT OF COUNTY GOVERNMENT.—

The entitlement of the government of a county area for an entitlement period shall be reduced by an amount equal to one half of the entitlement for the separate law enforcement officer for such county area for such entitlement period. For the purpose of

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 90 STAT. 2346

PUBLIC LAW 94-488—OCT. 13, 1976 applying this paragraph to the parish of E a s t Baton Rouge, Louisiana, the entitlements of the governments of Baton Rouge, Baker, and Zachary, Louisiana, for each entitlement period shall each be reduced by an amount eq|ual to 3.75 percent of the amount which would (but for the provisions of this paragraph) be the entitlement of each such government. ' ' (3) REDUCTION OF ENTITLEMENT OF STATE GOVERNMENT.—The

entitlement of the State government of Louisiana for an entitlement period shall be reduced by an amount equal to the sum of the reductions provided under paragraph (2) for governments of county areas in such State for such entitlement period. For purposes of this paragraph — " (A) the reductions provided under paragraph (2) for the governments of Baton Rouge, Baker, and Zachary, Louisiana, shall be considered as reductions of entitlements of governments of county areas, and " (B) the entitlement of the parish of Orleans for an entitlement period shall be considered to have been reduced by an amount equal to the additional amount provided for such parish for that entitlement period under paragraph (4). "(4)

ENTITLEMENT or PARISH OF ORLEANS.—In the case of

the

parish of Orleans, Louisiana, paragraph s (1) and (2) shall not apply, and such parish shall be entitled to receive, for each entitlement period beginning after December 31, 1976, an additional amount ecjual to 7.5 percent of the amount which would otherwise be the entitlement o f such parish.". (2)

31 USC 1227.

(A) Section 108(b)(7)(A) (relating to general rule for adjustment of entitlement) is amended by striking out "and any adjustment required under paragraph (6)(D) last." and inserting in lieu thereof "any adjustment required under paragraph (6)(D) next, and any adjustment required under Subsection (e) last.". (B) Section 1 0 8 (d)(1) (defining "unit of local government") is amended by adding at the end thereof the following: "Such term also means (but only for purposes of subtitles B and C) the office of the separate law enforcement officer to which subsection (e)(1) applies.". (C) Section 107 (relating to entitlements of State governments) is amended by adding at the end thereof the following new subsection:

31 USC 1226. "(c)

CROSS R E F E R E N C E. —

"For reduction of State government entitlement because of provision for separate law enforcement officers, see section 108(6).".

Ante, p. 2345. (d)

31 USC 1228.

CONFORMING AMENDMENTS.—

CURRENCY OF D A T A. —

(1) Section 109(a)(7) (relating to data used and uniformity of data^ is amended— (A) in subparagraph (A) by striking out "subparagraph (B) " and inserting in lieu thereof " subparagraph (B) or

(Cj",and

(B) by adding at the end thereof the following new subparagraph: " (C) T A X COLLECTIONS.—Data with respect to tax collections for a period more recent than the most recent reporting year for an entitlement period (as defined in subsection (c) (2)(B)) shall not be used in the determination of entitlements for such period.".

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


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 PUBLIC LAW 94-488—OCT. 13, 1976

90 STAT. 2347

(2) Section 1 0 9 (c)(2)(B) (defining "most recent reporting 31 USC 1228,. year") is amended by striking out "made before the close of such period." and inserting in lieu thereof "made before the beginning of such period.". (e) L I M I T A T I O N ON ADJUSTMENT OF P A Y M E N T S. — S e c t i o n 102 (relat-

31 USC 1221,

i n g to payments to State and local governments) is amended— (1) by striking out " E x c e p t " and inserting in lieu thereof " (a) IN GENERAL.—Except"; and

(2) a d d i n g a t the end thereof the following new subsection: " (b) LIMITATIONS ON ADJUSTMENTS. — N o adjustment shall be m a d e

to increase or decrease a payment made for any entitlement period beginning after December 31, 1976, to a State government or a unit of local government, unless a demand therefor shall have been made by such government or the Secretary within 1 year of the end of the entitlement period with respect to which the payment was made.". (f)

RESERVES FOR ADJUSTMENTS.—Section 102 ( r e l a t i n g to p a y -

ments to State and local governments), as amended by subsection (e), is amended by adding at the end thereof the following subsection: " (c) RESERVES FOR ADJUSTMENTS. — The Secretary may reserve such

percentage (not exceeding 0.5 percent) of the total entitlement payment for any entitlement period with respect to any State government and all units of local government within such State as he deems necessary to insure that there will be sufficient funds available to p a y adjustments due after the final allocation of funds among such governments.". (g) RECOVERY OF CERTAIN OVERPAYMENTS.—In the case of an adjust-

ment to decrease a payment made for an entitlement period ending before January 1, 1977, under title I of the State and Local Fiscal Assistance Act of 1972 to a unit of local government (as defined in section 108(d)(1) of that Act), the amount of such adjustment shall be withheld from the reserves for adjustments established by the Secretary under section 102(c) of such Act for the State within which such units of local government are located. Amounts withheld under this subsection shall be covered into the State and Local Government Fiscal Assistance T r u s t F u n d. SEC. 7. CITIZEN PARTICIPATION; REPORTS, ENFORCEMENTS. (a) CITIZENS PARTICIPATION.—Section 121 ( r e l a t i n g to reports on

31 USC 1221

note, 31 USC 1221. 31 USC 1227. Supm.

31 USC 1241.

use of funds and publication of reports) is amended to read as followS(: '5 «SEC. 121. REPORT ON USE OF FUNDS; PUBLICATION AND PUBLIC HEARINGS. " (a) REPORTS ON U S E OF F U N D S. — E a c h State government and unit Report to of local government which receives funds under subtitle A shall, after Secretary of the the close of each fiscal year, submit a report to the Secretary (which Treasury, report shall be available to the public for inspection) setting forth the amounts and purposes for which funds received under subtitle A have been appropriated, spent, or obligated during such period and showing the relationship of those funds to the relevant functional items in the government's budget. Such report shall identify differences between the actual use of funds received and the proposed use of such funds. Such reports shall be in such form and detail and shall be submitted at such time as the Secretary may prescribe. "(b)

P U B L I C HEARINGS REQUIRED.— " (1) H E A R I N G ON PROPOSED USE.—Not less than 7 calendar d a y s

before its budget is presented to the governmental body responsible for enacting the budget, each State government or unit of local government which expends funds received under subtitle A

Notice,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/880

 90 STAT. 234e

31 USC 1221.

PUBLIC LAW 94-488—OCT. 13, 1976 in any fiscal period, the budget for which is to be enacted on or after January 1, 1977, shall, after adequate public notice, have at least one public hearing at which citizens shall have the opportunity to provide written and oral comment on the possible uses of such funds before the governmental authority responsible for presenting the proposed budget to such body. " (2) BUDGET HEARING.—Each State government or unit of local government which expends fund received under subtitle A in any fiscal period, the budget for which is to be enacted on or after January 1, 1977, shall have at least one public hearing on the proposed use of such funds in relation to its entire budget. A t such hearing, citizens shall have the opportunity to provide written and oral comment to the body responsible for enacting the budget, and to ask questions concerning the entire budget and the relation thereto of funds made available under subtitle A. Such hearing shall be at a place and time that permits and encourages public attendance and participation. " (3) WAIVER.—The provisions of paragraph (1) may be waived in whole or in part in accordance with regulations of the Secretary if the cost of such a requirement would be unreasonably burdensome in relation to the entitlement of such State government or unit of local government to funds made available under subtitle A. The provisions of paragraph (2) may be waived in whole or in part in accordance with regulations of the Secretary if the budget processes required under applicable State or local laws or charter provisions assure the opportunity for public attendance and participation contemplated by the provisions of this subsection and a portion of such process includes a hearing on the proposed use of funds made available under subtitle A in relation to its entire budget. "(c) NOTIFICATION AND P U B L I C I T Y or P U B L I C H E A R I N G S; ACCESS TO BUDGET SUMMARY AND PROPOSED U S E or F U N D S. —

Publication.

Public inspection.

" (1) IN GENERAL.—Each State government and unit of local government which expends funds received under subtitle A in any fiscal period, the budget for which is to be enacted on or after January 1, 1977, shall— " (A) at least 10 days prior to the public hearing required by subsection (b)(2) — " (i) publish, in at least one newspaper of general circulation, the proposed uses of funds made available under subtitle A together with a summary of its proposed budget and a notice of the time and place of such public h e a r i n g; and " (ii) make available for inspection by the public at the principal office of such State government or unit of local government a statement of the proposed use of funds, together with a summary of its proposed budget; and " (B) within 30 days after adoption of its budget as provided for under State or local law— " (i) make a summary of the adopted budget, including the proposed use of funds made available under subtitle A, available for inspection by the public at the principal office of such State government or unit of local government; and " ( i i) publish in at least one newspaper of general circulation a notice of the availability for inspection of the information referred to in clause (i).

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Page:United States Statutes at Large Volume 90 Part 2.djvu/881

 PUBLIC LAW 94-488—OCT. 13, 1976

90 STAT. 2349

" (2) WAIVER.—The provisions of paragraph (1) may be waived, in whole or i n part, with respect to publication of the proposed use of funds and the summaries, in accordance with regulations of the Secretary, where the cost of such publication would be unreasonably burdensome in relation to the entitlement of such State government or unit of local government to funds made available under subtitle A, or where such publication is 31 USC 1221. otherwise impractical or infeasible. I n addition, the 10-da;y provisions of paragraph (1)(A) may be modified to the maximum extent necessary to comply with applicable State and local law if the Secretary is satisfied that the citizens of such State or local government will receive adequate notification of the proposed use of funds consistent with the intent of this section. "(d)

REPORT SUBMITTED TO THE GOVERNOR.—The Secretary shall

furnish to the Governor of the State in which any unit of local government which receives funds under subtitle A is located, a copy of each report filed with the Secretary as required under sul)section (a), in such manner and form as the Secretary may prescribe by regulation. " (e) BUDGETS.—The Secretary shall promulgate regulations for the application of this section to circumstances under which the State government or unit of local government does not adopt a budget. " (f) REPORT o r THE SECRETARY.—The Secretary shall include with the report required under section 105(a)(2) a report to the Congress on the implementation and administration of this Act during the preceding fiscal year. Such report shall include, b u t not be limited to, a comprehensive and detailed analysis of— " (1) the measures taken to comply with section 122, including a description of the nature and extent of any noncompliance and the status of all pending complaints; " (2) the extent to which recipient jurisdictions have complied with section 123, including a description of the nature and extent of any noncompliance and of measures taken to ensure the independence of audits conducted pursuant to subsection (c) of such section; " (3) the manner in which funds distributed under subtitle A have been distributed in recipient jurisdictions; and " (4) any significant problems arising in the administration of the Act and the proposals to remedy such problems through appropriate legislation.

Regulations, Report to Congress, 31 USC 1224. Post, p. 2350.

31 USC 1243.

" (g) PARTICIPATION BY SENIOR C I T I Z E N S. — I n conducting any hear-

ing required under this section, or under its own budget processes, a State or unit of local government shall endeavor to provide senior citizens and their organizations with an opportunity to be heard prior to the final allocation of any funds provided under the Act pursuant to such a hearing.". (b) ENFORCEMENT.—Subtitle B (relating to administrative provisions) is amended by adding at the end thereof the following new sections: "SEC. 124. PRIVATE CIVIL ACTIONS. " (a) STANDING.—Whenever a State government or a unit of local 31 USC 1244. government, or any officer or employee thereof acting in an official capacity, has engaged or is engaging in any act or practice prohibited by this Act, upon exhaustion of administrative remedies, a civil action may be instituted by the person aggrieved in an appropriate United States district court or in a State court of general jurisdiction. " (b) R E L I E F. — The court may grant as relief to the plaintiff any temporary restraining order, preliminary or permanent injunction or

89-194 O—78—pt. 2

56

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 90 STAT. 2350

PUBLIC LAW 94-488—OCT. 13, 1976 other order, including the suspension, termination, or repayment of funds, or placing any further payments under this title in escrow pending the outcome of the litigation. " (c) INTERVENTION BY ATTORNEY GENERAL. — I n any action insti-

Infra.

tuted under this section to enforce compliance with section 1 2 2 (a), the Attorney General, or a specially designated assistant for or in the name of the United States, may intervene upon timely application if he certifies that the action is of general public importance. I n such action the United States shall be entitled to the same relief as if it had instituted the action. " (d) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—As used in this

Regulations. 31 USC 1245.

Supra.

31 USC 1263.

31 USC 1242.

section, administrative remedies shall be deemed to be exhausted upon the expiration of 90 days after the date the administrative complaints were filed with the Secretary or with an Agency with which the Secretary has an agreement under section 122(h) if, within «uch period, the Secretary or such Agency— " (1) issues a determination that such Government under unit has not failed to comply with this Act; or " (2) fails to issue a determination on such complaint. " (e) ATTORNEY F E E S. — I n any action under this section to enforce section 122(a), the court, in its discretion, may allow to the prevailing party, other than the United States, reasonable attorney fees, and t h " TTrtited States shall be liable for fees and costs the same as a private person. "SEC. 125. INVESTIGATIONS AND COMPLIANCE REVIEWS. " By March 31, 1977, the Secretary shall promulgate regulations establishing— " (1) reasonable and specific time limits (in no event to exceed 90 days) for the Secretary to conduct an investigation and make a finding after receiving a complaint (described in section 1 2 4 (d)), a determination by a ^ t a t e or local administrative agency, or other information relating to the possible violation of the provisions of this Act; " (2) reasonable and specific time limits for the Secretary to conduct audits and reviews (including investigations of allegations) relating to possible violations of the provisions of this Act. The regulations promulgated pursuant to paragraph s (1) and (2) shall also establish reasonable and specific time limits for the Secretary to advise any comnlainant of the status of his investigation, audit, or review of any allegation of violation of section 122(a) or any other provision of this Act.". (c) JUDICIAL REVIEW.—Section 148(a) (relating to petitions for judicial review) is amended by strikinqr out "receives a notice of withholding of payments under section 104(b) or 123(b)," and ing?rting in lieu thereof "receives a notice of withholding of payments under section 104(b) or 123(b) a determination under section 122(b)(3)(C) that payments be suspended, or a determination under section 122 (b)(3)(D) that payments be terminated,". SEC. 8. NONDISCRIMINATION PROVISIONS. (a) IN GENERAL.Section 122 (relating to nondiscrimination provisions) is amended to read as follows: "SEC. 122. NONDISCRIMINATION PROVISIONS. "(a)

PROHIBITION.—

" (1) IN GENERAL.—No person in the United States shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to

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 PUBLIC LAW 94-488—OCT. 13, 1976 discrimination inider any program or activity of a State government or unit of local government, which government or unit receives funds made available under subtitle A. Any prohibition against, discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. Any prohibition against discrimination on the basis of religion, or any exemption from such prohibition, as provided in the Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968. hereafter referred to as Civil Rights Act of 1968, shall also apply to any such program or activity. "(2)

EXCEPTIONS.—

90 STAT. 2351

42 USC 6101 note. 29 USC 794. 42 USC 2000a note. 42 USC 3601.

' ' (A) FuxnixG.—The provisions of paragraph (1) of this subsection shall not apply where any State government or unit of local government demonstrates, by clear and convincing evidence, that the program or activity with respect to which the allegation of discrimination has been made is not funded in whole or in part with funds made available under subtitle A. 31 USC 1221. " (B) CoxsTHucTiox PROJECTS IX PROGRESS.—The provisions Effective date. of paragraph (1), relating to discrimination on the basis of handicapped status, shall not apply wnth respect to construction projects connnenced prior to January 1, 1977. "(b)

DETERMINATION BY THE SECRETARY.—

" (1) XoTicE OF xoxcoMPLiAXCE.—Witliiu 10 days after the Secretary has received a holding described in subsection (c)(1) or has made a finding described in subsection (c)(4), with respect to a State government or a unit of local government, he shall send a notice of noncompliance to such gOAernment setting forth the basis of such holding or finding. "(2)

PROCEDURE BEFORE SECRETARY; SUSPEXSIOX OF PAYMENT OF

REVExuE siiARixG FUNDS.—AVithiii 30 days after a notice of noncompliance has been sent to a State government or a unit of local government in accordance with paragraph (1), such government may informally present evidence to the Secretary regarding the issues of— " (A) (except in the case of a holding described in subsection (c)(1)) Avhether there has been exclusion, denial, or discrimination on account of race, color, national orgin, or sex, or a violation of any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Rehabilitation Act of 1973, or a violation of any prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, and " (B) whether the program or activity in connection with which such exclusion, denial, discrimination, or violation is charged has been funded in Avhole or in part with funds made available under subtitle A. Before the end of such 30-day period, unless a compliance agreement is entered into with such government, the Secretary shall issue a determination as to whether such government failed to comply with subsection (a). If the Secretary determines that such government has failed to comply with subsection (a), the Secretary shall suspend the payment of funds under subtitle A to such government unless such government within the 10 day period

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 90 STAT. 2352

PUBLIC LAW 94-488—OCT. 13, 1976 following such determination enters into a compliance agreement or requests a hearing with respect to such determination. " (3) HEARINGS BEFORE ADMINISTRATIVE LAW JUDGE; SUSPENSION O TERMINATION OF PAYMENT OF REVENUE SHARING FUNDS. R

" (A) Hearings requested by a State government or a unit of local govermnent pursuant to paragraph (2) shall begin before an administrative law judge within 30 days after the Secretary receives the request for the hearing. " (B) W i t h i n 30 days after the beginning of the hearing provided under subparagraph (A), the administrative law judge conducting the hearing shall, on the record then before him, issue a preliminary finding (which shall be consistent with subsection (c)(2)) as to whether such government has failed to comply with subsection (a). If the administrative law judge issues a preliminary finding that such government is not likely to prevail, on the basis of the evidence presented, in demonstrating compliance with subsection (a), then the Secretary shall suspend the payment of funds under subtitle A to such government. No such preliminary finding shall be issued in any case where a determination has previously been issued under subparagraph (C). " (C) If, after the completion of such hearing, the administrative law judge issues a determination (consistently with subsection (c)(2)) that such government has failed to comply with subsection (a), then, unless such government enters into a compliance agreement before the 31st day after such issuance, the Secretary, subject to the provisions of subparagraph (D), shall suspend the payment of funds under subtitle A to such government; if a suspension in accordance with subparagraph (B) is still in effect, then, subject to the provisions of subparagraph (D), that suspension is to be continued. " (D) I n the event of a determination described in subparagraph (C), the administrative law judge may, in his discretion, order the termination of payment of funds under subtitle A to such government or unit. " (E) If, after the completion of such hearing, the administrative law judge issues a determination (consistently with subsection (c)(2)) that there has not been a failure to comply with subsection (a), and a suspension is in effect in accordance with subparagraph (B), such suspension shall be promptly discontinued. " (c) HOLDING BY COURT OR GOVERNMENTAL A G E N C Y; F I N D I N G BY SECRETARY.—

31 USC 1221.

42 USC 6101 note. 29 USC 794.

" (1) DESCRIPTION.—A holding is described in this paragraph if it is a holding by a Federal Court, a State Court, or a Federal administrative law judge, with respect to a State government or a unit of local government which expends funds received under subtitle A that such government has, in the case of a person in the United States, excluded such person from participation in, denied such person the benefits of, or subjected such person to discrimination under any program or activity on the ground of race, color, national origin, or sex, or violated any prohibition against discrimination (A) on the basis of age under the Age Discrimination Act of 1975 or (B) with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Rehabilitation Act of 1973 or (C) on the basis of religion as provided

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 PUBLIC LAW 94-488—OCT. 13, 1976 in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, in connection with any such program or activity. " (2) E F F E C T ON PROCEEDINGS OR HEARING.—If there has been a

holding described in paragraph (1) with respect to a State government or a unit of local government, then, in the case of proceedings by the Secretary pursuant to subsection (b)(2) or a hearing pursuant to subsection (b)(3) with respect to such government, such proceedings or such hearing shall relate only to the question of whether the program or activity in which the exclusion, denial, discrimination, or violation occurred is funded in whole or in part with funds made available under subtitle A. I n such proceedings or hearing, the holding described in paragraph (1), to the effect that there lias been exclusion, denial, or discrimination on account of race, color, national origin, or sex, or a violation of any prohibition against discrimination (A) on the basis of age effected by the Age Discrimination Act of 1975, (B) with respect to an 'otherwise qualified handicapped individual', as provided in section 504 of the Reliabilitation Act of 1973, (C) on the basis of religion as provided in the Civil Rights Act of 1964 or title VIII of the Civil Rights Act of 1968, shall be treated as conclusive. " (3) EFFECT OF REVERSAL.—If a holding described in paragraph (1) is reversed by an appellate tribunal, then proceedings under subsection (b) which are dependent upon sucii holding shall be discontinued; any suspension or termination of payments resulting from such proceedings shall also be discontinued.

90 STAT. 2353 42 USC 2000a Ao^ikr ^601 ^^ ^^^

^°"^-

31 USC 1221.

42 USC 6101 "'^t^29 USC 794.

' ' (4) F I N D I N G BY SECRETARY.—A finding is described in this

paragraph if it is a finding by the Secretary with respect to a complaint referred to i n section 1 2 4 (d), a determination by a State Ante, p. 2349. 01- local administrative agency, or other information (pursuant to procedures provided in regulations prescribed by the Secretary) that it is more likely than not that a State government or unit of local government has failed to comply with subsection (a). " (d) COMPLIANCE AGREEMENT.—For purposes of this section and section 124, a compliance agreement is an agreement between— " (1) the governmental office or agency responsible for prosecuting the claim or complaint which is the basis of the holding described in subsection (c)(1) and the chief executive officer of the biate government or the unit of local government that has failed to comply with subsection (a), if such agreement is approved by the Secretary, or " (2) the Secretary and such chief executive officer, setting forth the terms and conditions with which such government or unit has agreed to comply that would satisfy the obligations of such government under subsection (a). Such agreement shall cover all the matters which h a d been determined or would constitute failures to comply with subsection (a), and may consist of a series of agreements which, in the aggregate, dispose of all such matters. W i t h i n 15 days after the execution of such agreement (or, in the Copies, case of an agreement under paragraph (1), the approval of such agreement by the Secretary, if l a t e r), the Secretary shall send a copy of such agreement to each person who has filed a complaint referred to in section 124(d) with respect to such failure to comply with subsection (a), or, in the case of an agreement under paragraph (1), to each person who has filed a complaint with the governmental office or agency (described in such paragraph) with respect to such failure to comply with subsection (a). " (e) R E S U M P T I O N OF SUSPENDED P A Y M E N T S. — I f payment to a State

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 90 STAT. 2354 31 USC 1221.

PUBLIC LAW 94-488—OCT. 13, 1976 government or a unit of local government of funds made available under subtitle A has been suspended under subsection (b)(2) or (b)(3), payment of such funds shall be resumed only if— " (1) such government enters into a compliance agreement (but only a t the times and under the circumstances set forth in such agreement, or, in the case of any agreement under subsection (d)(1), only at the times and under the circumstances set forth in the Secretary's approval of such agreement); " (2) such government complies fully with the holding of a Federal or State court, or Federal administrative law judge, if that holding covers all the matters raised by the Secretary in the notice pursuant to subsection (b)(1), or if such government is found to be in compliance with subsection (a) by such court or Federal administrative law j u d g e; " (3) in the case of a hearing before an administrative law judge under subsection (b)(3), the judge determines that such government is in compliance with subsection (a); o r " (4) the provisions of subsection (c)(3) (relating to reversal of holding of discrimination) require such suspension of payment to be discontinued. For purposes of this section, compliance by a government may include the satisfying of a requirement of the payment of restitution to persons injured by the failure of such government to comply with subsection (a). "(f)

Civil actions.

payment to a

State government or unit of local government of funds made available under subtitle A has been terminated under subsection (b)(3)(D), payment of such funds shall be resumed only if the determination resulting i n such termination is reversed by an appellate tribunal. " (g) AUTHORITY OF ATTORNEY GENERAL.—Whenever the Attorney General has reason to believe that a State government or a unit of local government has engaged or is engaging in a pattern o r practice in violation of the provisions of this section, the Attorney General may bring a civil action in an appropriate United States district court. Such court may g r a n t as relief any temporary restraining order, preliminary or permanent injunction, or other order, as necessary or appropriate to insure the full enjoyment of the rights described in this section, including the suspension, termination, or repayment of funds made available under subtitle A, or placing any further payments under subtitle A in escrow pending the outcome of the litigation. "(h)

31 USC 1243.

R E S U M P T I O N o r TERMINATED P A Y M E N T S. — I f

AGREEMENTS

BETWEEN

AGENCIES.—The

Secretary

shall

endeavor to enter into agreements with State agencies and with other Federal agencies authorizing such agencies to investigate noncompliance with subsection (a). The agreements shall describe the cooperative efforts to be undertaken (including the sharing of civil rights enforcement personnel and resources) to secure compRance with this section, and shall provide for the immediate notification of the Secretary of any actions instituted by such agencies against a State government or a unit of local government alleging a violation of any Federal civil rights statute or regulations issued thereunder.". SEC. 9. ACCOUNTING AND AUDITING PROVISIONS. Section 123(c) (relating to accounting, auditing, and evaluation) is amended— (1) by redesignating paragraph (2) as paragraph (9), and (2) by striking out paragraph (1) and inserting in lieu thereof the following new paragraph s: " (1) INDEPENDENT AUDITS.—Each State government and u n i t

of local government which expects to receive funds under subtitle A for any entitlement period beginning on or after J a n u -

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 PUBLIC LAW 94-488—OCT. 13, 1976

90 STAT. 2 3 5 5

a r y 1, 1977 (other than a government to which an election under paragraph (2) applies with respect to such entitlement period), shall have an independent audit of its financial statements conducted for the purpose of determining compliance with this title, in accordance with generally accepted auditing standards, not less often than once every 3 years. " (2) ELECTION. — Paragraph (1) shall not apply to any State or unit of local government whose financial statements are audited by independent auditors under State or local law not less often
 * ^ i i

than every 3 years, if (A) such government makes an election under this paragraph that the provisions of paragraph (1) shall not apply, and (B) such government certifies that such audits under State or local law will be conducted in accordance with generally accepted auditing standards. Such election shall include a brief description of the auditing standards to be applied. Such election shall apply to audits of funds received under subtitle A for such entitlement periods as are specified in such election 31 USC 1221. and as to which such State or local law a u d i t i n g provisions are applicable. " (3) SERIES or AUDITS.—If a series of audits conducted over a period not exceeding 3 fiscal years covers, in the aggregate, all of the funds of accounts in the financial activity of such a government, then such series of audits shall be treated as a single audit for purposes of paragraph (1) and paragraph (2). "(4)

ENTITLEMENTS UNDER $25,000,—

" (A) The requirements of paragraph (1) shall not apply to a State government or unit of local government for any fiscal period in which such government receives less than $25,000 of funds made available under subtitle A, unless subparagraph (B) applies for such fiscal period. " (B) I n the case of a fiscal period which is described in subparagraph (A), if State or local law requires an audit of such government's financial statements, then the conducting of such audit shall constitute compliance with the requirements of paragraph (1). " (5) WAIVER.—The Secretary may waive the requirements of paragraph (1) or paragraph (2), in whole or in part, with respect to any State government or unit of local government for any fiscal period as to which he finds (in accordance with regulations prescribed by the Secretary)(A) that the financial accounts of such governments for such period are not auditable, and (B) that such government demonstrates substantial progress toward making such financial accounts auditable. "(6)

COORDINATION W I T H OTHER FEDERALLY REQUIRED AUDITS.—

A n audit of the financial statements of a State government or unit of local government for a fiscal period, conducted in accordance with the provisions of any Federal law other than this title, shall be accepted as an audit which satisfies the requirements of paragraph (1) with respect to the fiscal period for which such audit is conducted, if such audit substantially complies with the requirements for audits conducted under paragraph (1). " (7) AUDIT OPINIONS.—Any opinions rendered with respect to audits made pursuant to this subsection shall be provided to the Secretary, in such form and a t such times as he may require. "(8)

COMPTROLLER GENERAL SHALL REVIEW COMPLIANCE.—The

Comptroller General of the United States shall make such reviews of the work as done by the Secretary, the State governments and

A

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Page:United States Statutes at Large Volume 90 Part 2.djvu/888

 90 STAT. 2356

31 USC 1243 note.

PUBLIC LAW 94-488—OCT. 13, 1976 the units of local government as may be necessary for the Congress to evaluate compliance and operations under this title.". SEC. 10. MISCELLANEOUS PROVISIONS. (a) BUDGET ACT. — I n accordance with section 4 0 1 (d)(2) of the Congressional Budget Act of 1974 (31 U.S.C. 1351(d)(2); 88 Stat. 297, 318), subsections (a) and (b) of section 401 of such Act shall not apply to this Act. (b) DEFINITION or " U N I T OF LOCAL GOVERNMENT".—Section 108(d)

31 USC 1227.

31 USC 1261.

31 USC 1265.

(1) (defining "unit of local government") is amended by striking out "municipality, township, or other unit of local government below the State which is a unit of general government" and inserting in lieu thereof "municipality, or township, which is a unit of general government below the State". SEC. 11. STUDY OF REVENUE SHARING AND FEDERALISM. Subtitle C (relating to general provisions) is amended by adding at the end thereof the following new section: "SEC. 145. STUDY OF REVENUE SHARING AND FEDERALISM. " (a) STUDY.—The Advisory Commission on Intergovernmental Relations shall study and evaluate the American Federal fiscal system in terms of the allocation and coordination of public resources among Federal, State, and local governments including, but not limited to, a study and evaluation of—• " (1) the allocation and coordination of taxing and spending authorities between levels of government, including a comparison of other Federal Government systems; " (2) State and local governmental organization from both legal and operational viewpoints to determine how general local governments do and ought to relate to each other, to special districts, and to State governments in terms of service and financing responsibilities, as well as annexation and incorporation responsibilities; " (3) the efi^ectiveness of Federal Government stabilization policies on State and local areas and the effects of State and local fiscal decisions on aggregate economic activity; " (4) the legal and operational aspects of citizen participation in Federal, State, and local governmental fiscal decisions; " (5) forces likely to affect the n a t u r e of the American Federal system in the short-term and long-term future and possible adjustments to such system, if any, which may be desirable, in light of future developments. "(b)

Administrative support services.

COOPERATION OF OTHER FEDERAL A G E N C I E S. —

" (1) E a c h department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Commission, upon request made by the Chairman, and to the extent permitted by law and within the limits of available funds, such data, reports, and other information as the Commission deems necessary to carry out its functions under this section. " (2) The head of each department or agency of the Federal Government is authorized to provide to the Commission such services as the Commission requests on such basis, reimbursable and otherwise, as may be agreed between the department or agency and the Chairman of the Commission. All such requests shall be made by the Chairman of the Commission. " (3) The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.

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 PUBLIC LAW 94-488—OCT. 13, 1976

9 0 STAT. 2357

" (c) EEPORTS.—The Commission shall submit to the President and Reports to the Congress such interim reports as it deems advisable, and not later President and than three years after the day on which the first appropriation is made Congress. available under subsection (d), a final report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations for legislation as it deems advisable. " (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to

be appropriated to the Commission, effective with the fiscal year beginning October 1, 1977, such sums as may be necessary to carry out the provisions of this section.". SEC. 12. PROHIBITION ON USE FOR LOBBYING PURPOSES. Section 123 (relating to miscellaneous provisions) is amended by 31 USC 1243. adding at the end thereof the following new subsection: " (e) PROHIBITION OF U S E FOR LOBBYING PURPOSES.—No State gov-

ernment or unit of local government may use any part of the funds i t receives under subtitle A for the purpose of lobbying or other activities intended to influence any legislation regarding the provisions of this Act. For the purpose of this subsection, dues paid to National or State associations shall be deemed not to have been paid from funds received under subtitle A.". SEC. 13. EFFECTIVE DATES. (a) Except as otherwise provided in this Act, the amendments made by this Act shall apply to entitlement periods beginning on or after January 1, 1977. (b) The amendment made by section 11 takes effect on February 1, 1977. Approved October 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1165, Part 1 and No. 94-1165, Part II (both from Comm. on Government Operations), No. 94-1165, Part 3 (Comm. on Appropriations) and No. 94-1720 (Comm. of Conference). SENATE REPORT No. 94-1207 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 122 (1976): June 10, considered and passed House. Sept. 13, 14, considered and passed Senate, amended. Sept. 30, House receded and concurred in Senate amendment with an amendment; Senate agreed to House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: VoL 12, No. 40 (1976): Sept. 30, Presidential statement. Vol. 12, No. 42 (1976): Oct. 13, Presidential statement.

31 USC 1221.

31 USC 1222 "°*^31 USC 1265 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/890

 90 STAT. 2358

PUBLIC LAW 94-489—OCT. 13, 1976

Public Law 94-489 94th Congress An Act Oct. 13, 1976 [H.R. 15246]

Service Contract Act of 1965, amendments.

"Service employee."

To amend the Service Contract Act of 1965 to provide that all employees, other than bona fide executive, administrative, or professional employees, shall be considered to be service employees for purposes of such Act, 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) section 2(a) of the Service Contract Act of 1965 (41 U.S.C. 351 (a)) is amended by striking out", as defined herein,"; (b) section 2(b) of the Service Contract Act of 1965 (41 U.S.C. 351 (b)) is amended by striking out "as defined herein". SEC. 2. Section (a)(5) of the Service Contract Act of 1965 (41 U.S.C. 351(a)(5)) is amended by inserting immediately after "section 5341" the following: "or section 5332". SEC. 3. Section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 357 (b)) is amended to read as follows: "(b) The term 'service employee' means any person engaged in the performance of a contract entered into by the United States and not exempted under section 7, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States (other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations); and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.". Approved October 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1571 (Comm. on Education and Ubor). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Sept. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/891

 PUBLIC LAW 94-490—OCT. 13, 1976

90 STAT. 2359

Public Law 94-490 94th Congress An Act To authorize and direct the Secretary of Commerce to develop a national policy on weather modification, 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 "National Weather Modification Policy Act of 1976". SEC. 2. DECLARATION OF POLICY. (a) FINDINGS.—The Congress finds and declares the following: (1^ Weather-related disasters and hazards, including drought, hurricanes, tornadoes, hail, lightning, fog, floods, and frost, result in substantial human suffering and loss of life, billions of dollars of annual economic losses to owners of crops and other property, and substantial financial loss to the United States Treasury; (2) Weather modification technology has significant potential for preventing, diverting, moderating, or ameliorating the adverse effects of such disasters and hazards and enhancing crop production and the availability of water; (3) The interstate nature of climatic and related phenomena, the severe economic hardships experienced as the result of occasional drought and other adverse meteorological conditions, and the existing role and responsibilities of the Federal Government with respect to disaster relief, require appropriate Federal action to prevent or alleviate such disasters and hazards; and (4) Weather modification programs may have long-range and unexpected effects on existing climatic patterns which are not confined by national boundaries. (b) PuKPOSE.—It is therefore declared to be the purpose of the Congress in this Act to develop a comprehensive and coordinated national weather modification policy and a national program of weather modification research and development— (1) to determine the means by which deliberate weather modification can be used at the present time to decrease the adverse impact of weather on agriculture, economic growth, and the general public welfare, and to determine the potential for weather modification; (2) to conduct research into those scientific areas considered most likely to lead to practical techniques for drought prevention or alleviation and other forms of deliberate weather modification; (3) to develop practical methods and devices for weather modification; (4) to make weather modification research findings available to interested parties; (5) to assess the economic, social, environmental, and legal impact of an operational weather modification program; (6) to develop both national and international mechanisms designed to minimize conflicts which may arise with respect to the peaceful uses of weather modification; and

Oct. 13, 1976 [S. 3383] National Weather Modification Policy Act of 1976. 15 USC 330 note. 15 USC 330 note.

Policy. Research and development program.

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 90 STAT. 2360

PUBLIC LAW 94-490—OCT. 13, 1976

(7) to integrate the results of existing experience and studies in weather modiification activities into model codes and agreements for regulation of domestic and international weather modification activities. SEC. 3. DEFINITIONS. 15 USC 330 note. As used in this Act: (1) The term "Secretary" means the Secretary of Commerce. (2) The term "State" means any State of the United States, the District of Columbia, or any Commonwealth, territory, or possession of the United States. (3) The term "weather modification" means any activity performed with the intention and expectation of producing changes in precipitation, wind, fog, lightning, and other atmospheric phenomena. SEC. 4. STUDY. 15 USC 330 note. The Secretary shall conduct a comprehensive investigation and study of the state of scientific knowledge concerning weather modification, the present state of development of weather modification technology, the problems impeding effective implementation of weather modification technology, and other related matters. Such study shall include— (1) a review and analysis of the present and past research efforts to establish practical weather modification technology, particularly as it relates to reducing loss of life and crop and property destruction; (2) a review and analysis of research needs in weather modification to establish areas in which more research could be expected to yield the greatest return in terms of practical weather modification technology; (3) a review and analysis of existing studies to establish the probable economic importance to the United States in terms of agricultural production, e n e r ^, and related economic factors if the present weather modification technology were to be effectively implemented; (4) an assessment of the legal, social, and ecological implications of expanded and effective research and operational v;eather modification projects; (5) formulation of one or more options for a model regulatory code for domestic weather modification activities, such code to be based on a review and analysis of experience and studies in this area, and to be adaptable to State and national needs; (6) recommendations concerning legislation desirable at all levels of government to implement a national weather modification policy and program; (7) a review of the international importance and implications of weather modification activities by the United States; (8) a review and analysis of present and past funding for weather modification from all sources to determine the sources and adequacy of funding in the light of the needs of the Nation; (9) a review and analysis of the purpose, policy, methods, and funding of the Federal departments and agencies involved in weather modification and of the existing interagency coordination of weather modification research efforts;

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 PUBLIC LAW 94-490—OCT. 13, 1976 (10) a review and analysis of the necessity and feasibility of negotiating an international agreement concerning the peaceful uses of weather modification; and (11) formulation of one or more options for a model international agreement concerning the peaceful uses of weather modification and the regulation of national weather modification activities; and a review and analysis of the necessity and feasibility of negotiating such an agreement. SEC. 5. REPORT. (a) IN GENERAL.—The Secretary shall prepare and submit to the President and the Congress, within 1 year after the date of enactment of this Act, a final report on the findings, conclusions, and recommendations of the study conducted pursuant to section 4. Such report shall include: (1) a summary of the findings made with respect to each of the areas of investigation specified in section 4; (2) other findings which are pertinent to the determination and implementation of a national policy on weather modifications; (3) a recommended national policy on weather modification and a recommended national weather modification research and development program which is consistent with, and likely to contribute to, achieving the objectives of such policy; (4) recommendations for levels of Federal funding sufficient to support adequately a national weather modification research and development program; (5) recommendations for any changes in the organization and involvement of Federal departments and agencies in weather modification which may be needed to implement effectively the recommended national policy on weather modification and the recommended research and development program; and (6) recommendations for any regulatory and other legislation which may be required to implement such policy and program or for any international agreement which may be appropriate concerning the peaceful uses of weather modification, including recommendations concerning the dissemination, refinement, and possible implementation of the model domestic code and international agreement developed under the specifications of section 4. Each department, agency, and other instrumentality of the Federal Government is authorized and directed to furnish the Secretary any information which the Secretary deems necessary to carry out his functions under this Act. (b) OPERATION AND CONSULTATION.—The Secretary shall solicit and consider the views of State agencies, private firms, institutions of higher learning, and other interested persons and governmental entities in the conduct of the study required by section 4, and in the preparation of the report required by subsection (a). SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. (a) There is authorized to be appropriated to the Secretary for the purposes of carrying out the provisions of this Act not to exceed $1,000,000.

90 STAT. 2361

Submittal to President and Congress. 15 USC 33Q note.

Cooperation.

15 USC 330 note,

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 90 STAT. 2362

PUBLIC LAW 94-490—OCT. 13, 1976 (b) Section 6 of the Act entitled "An Act to provide for the reporting of weather modification activities to the Federal Government'', approved December 18, 1971 (85 Stat. 736; 88 Stat. 1212; 15 U.S.C. 330e), is further amended by striking out "1973, 1974, 1975, 1976, and 1977," and inserting in lieu thereof "1973 through 1980,". Approved Oct. 13, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-859 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 21, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 28, Senate concurred in House amendments.

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 PUBLIC LAW 94-491—OCT. 14, 1976

90 STAT. 2363

Public Law 94-491 94th Congress An Act To amend title 38, United States Code, to provide hospital and medical care to certain members of the armed forces of nations allied or associated with the United States in World War I or World War II.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 109 of title 38, United States Code, is amended by adding at the end thereof the following: "(c)(1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II. "(2) In order to assist the Administrator in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.". Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-337 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-694 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): July 21, considered and passed House. Vol. 122 (1976): Sept. 1, 9, 10, considered and passed Senate, amended. Oct. 1, Senate receded from its amendment.

Oct. 14, 1976 [H.R. 71]

Allied wartime veterans. Medical care.

38 USC 601.

Certification of military service.

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 90 STAT. 2364

PUBLIC LAW 94-492—OCT. 14, 1976

Public Law 94-492 94th Congress

yh.^.

Joint Resolution Oct. 14, 1976 [SJ. Res. 209]

Native American Awareness Week. Designation authorization.

Authorizing the President to proclaim the week of October 10 through 16, 1976, as "Native American Awareness Week''.

Whereas native American people, both on and off the reservations, are receiving too little recognition for their contributions to society; Whereas to the extent there has been oppression of all Indian tribes and people, many non-Indians have lost or have never fully understood the true image of the native American; Whereas there is a strong and renewed interest in the self-preservation of all aspects of Indian culture and heritage; Whereas there is urgency to promote a unified effort of all for the common good, and to bring about a more wholesome relationship among native Americans; Whereas the native American population is working for a better future, for a revival of participation in the tribal affairs, and for a revival of moral support for the tribal councils; Whereas the opportunity exists for an improved understanding regarding how the peoples' needs and desires are reflected in the programs and policies of the tribal governments and Federal agencies; Whereas the native American communities are voicing greater selfexpression and exposure of their values to surrounding communities, and are taking a more active role in the use and development of their skills and resources; Whereas the native American people made significant historical contributions to the welfare and survival of early pioneers and explorers who ultimately founded the Republic of the United States of America: Now, therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is hereby authorized and directed to issue a proclamation designating the week of October 10 through 16, 1976, as "Native American Awareness Week", and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 14, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-1362 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 30, considered and passed Senate. Oct. 1, considered and passed House.

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 PUBLIC LAW 94-493—OCT. 14, 1976

90 STAT. 2365

Public Law 94-493 94th Congress Joint Resolution Consenting to an extension and renewal of the interstate compact to conserve oil and gas.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given to an extension and renewal from September 1, 1974, to December 31, 1978, of the interstate compact to conserve oil and gas, as amended, which was signed in its initial form in the city of Dallas, Texas, the 16th day of February 1935, by the representatives of Oklahoma, Texas, California, and New Mexico, and at the same time and place was signed by the representatives, as a recommendation for approval to the Governors and legislatures of the States of Arkansas, Colorado, Illinois, Kansas, and Michigan, and which, prior to August 27, 1935, was presented to and approved by the legislatures and Governors of the States of New Mexico, Kansas, Oklahoma, Illinois, Colorado, and Texas, and which so approved by the six States last above named was deposited in the Department of State of the United States, and thereafter was consented to by the Congress in Public Eesolution Numbered 64, Seventy-fourth Congress, approved August 27, 1935, for a period of two years, and thereafter was extended by the representatives of the compacting States and consented to by the Congress for successive periods, without interruption, the last extension being for the period from September 1, 1971, to September 1, 1974, consented to by Congress by Public Law Numbered 92-322, Ninety-second Congress, approved June 30, 1972. The agreement to amend, extend, and renew said compact effective September 1, 1971, duly executed by representatives of the States of Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming has been deposited in the Department of State of the United States, and reads as follows: "AN AGREEMENT TO AMEND, E X T E N D AND RENEW THE INTERSTATE COMPACT TO CONSERVE OIL AND GAS "WHEREAS, on the 16th day of February, 1935, in the City of Dallas, Texas, there was executed 'An Interstate Compact to Conserve Oil and Gas' which was thereafter formally ratified and approved by the States of Oklahoma, Texas, New Mexico, Illinois, Colorado and Kansas, the original o,f which is now on deposit with the Department of State of the United States; "WHEREAS, effective as of September 1, 1971, the several compacting states deem it advisable to amend said compact so as to provide that upon the giving of Congressional consent thereto in its amended form, said Compact will remain in effect until Congress withdraws such consent; "WHEREAS, the original of said Compact as so amended will, upon execution thereof, be deposited promptly with the Department of State of the United States, a true copy of which follows:

89-194 O—78-pt. 2

57

Oct. 14, 1976 [S.J. Res. 126)

Oil and gas conservation compact. Extension and renewal.

49 Stat. 939.

86 Stat. 383.

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 90 STAT. 2366

PUBLIC LAW 94-493—OCT. 14, 1976 " ' A N INTERSTATE COMPACT TO CONSERVE OIL AND GAS " 'ARTICLE I

" 'This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the States of Texas, Oklahoma, California, Kansas and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided. " 'ARTICLE

II

" 'The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause. " 'ARTICLE

III

" 'Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of: " '(a) The operation of any oil well with an inefficient gas-oil ratio. " 'The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities. ' " (c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. ' " (d) The creation of unnecessary fire hazards. ' " (e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. " '(f) The inefficient, excessive or improper use of the reseyvoir energy in producing any well. " 'The enumeration of the foregoing subjects shall not limit the scope of the authority of any state. " 'ARTICLE

IV

" 'Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste or either oil or gas. " 'ARTICLE V

" 'It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.

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 PUBLIC LAW 94-493—OCT. 14, 1976 " 'ARTICLE

VI

" 'Each state joining herein shall appoint one representative to a commission hereby constituted and designated as THE INTERSTATE OIL COMPACT COMMISSION, the duty of which said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention o,f physical waste of oil and gas, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection. " 'The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. " 'No action shall be taken by the Commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meet-ing, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio o.f its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period. " 'ARTICLE

90 STAT. 2367

VII

" 'No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein. " 'ARTICLE VIII " 'This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days' notice, withdraw herefrom. " 'The representatives of the signatory states have signed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the governor of each of the signatory states. " 'This compact shall become effective when ratified and approved as provided in Article I. Any oil-producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified. " 'Done in the City, of Dallas, Texas, this sixteenth day of February, 1935.' "WHEREAS, the said 'Interstate Compact to Conserve Oil and Gas' in its initial form has heretofore been duly renewed and extended with the consent of the Congress to September 1, 1971; and "WHEREAS, it is desired to amend said 'Interstate Compact to Conserve Oil and Gas' effective September 1, 1971, and to renew and extend said compact as so amended: "NOW, THEREFORE, T H I S WRITING W I T N E S S E T H: "It is hereby agreed that effective September 1, 1971, the Compact entitled 'An interstate Compact to Conserve Oil and Gas' executed within the City of Dallas, Tex, on the 16th day of February, 1935,

'^

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Page:United States Statutes at Large Volume 90 Part 2.djvu/900

 90 STAT. 2368

PUBLIC LAW 94-493—OCT. 14, 1976 and now on deposit with the Department of State of the United States, be and the same is hereby amended by amending the first paragraph of Article VIII thereof to read as follows: " 'This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days' notice, withdraw herefrom.' and that said compact as so amended be, and the same is hereby renewed and extended. This agreement shall become effective when executed, ratified, and approved as provided in Article I of said compact as so amended. "The signatory States have executed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States and a duly certified copy thereof shall be forwarded to the Governor of each of the signatory States. Any oil-producing state may become a party hereto by executing a counterpart of this agreement to be similarly deposited, certified, and ratified. "Executed by the several undersigned states, at their several state capitols, through their proper officials on the dates as shown, as duly authorized by statutes and resolutions, subject to the limitations and qualifications of the acts of the respective State Legislatures. "THE STATE OF ALABAMA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF ALASKA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF ARIZONA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF ARKANSAS By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF COLORADO By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF FLORIDA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/901

 PUBLIC LAW 94-493—OCT. 14, 1976

90 STAT. 2369

"THE STATE OF ILLINOIS By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OP INDIANA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF KANSAS By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

" THE STATE OF KENTUCKY By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF LOUISIANA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF MARYLAND By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF MICHIGAN By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

" THE STATE OF MISSISSIPPI By Dated: Attest:

,

Secretary of State "THE STATE OF MONTANA By Dated: Attest:

(SEAL) ,

Secretary of State " THE STATE OF NEBRASKA By Dated: Attest:

Governor

(SEAL) ,

Secretary of State

Governor

Governor

(SEAL)

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/902

 90 STAT. 2370

PUBLIC LAW 94-493~0CT. 14, 1976 "THE STATE OF NEVADA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF NEW MEXICO By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF NEW YORK By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF NORTH DAKOTA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF OHIO By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF OKLAHOMA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE COMMONWEALTH OF PENNSYLVANIA By Dated: Attest:

,

Secretary of the Commonwealth

Governor

(SEAL)

"THE STATE OF SOUTH DAKOTA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF TENNESSEE By Dated: Attest:

.

Secretary of State

,

Governor

(SEAL)

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/903

 ,

PUBLIC LAW 94-493—OCT. 14, 1976

90 STAT. 2371

"THE STATE OF TEXAS By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

"THE STATE OF UTAH By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

" THE STATE OF WEST VIRGINIA By Dated: Attest:

,

Secretary of State

Governor

(SEAL)

" THE STATE OF WYOMING By Dated: Attest:

,

Secretary of State

Governor

(SEAL)".

SEC. 2. (a) The Attorney General of the United States shall make a biennial report to Congress, for the duration of the Interstate Compact to Conserve Oil and Gas as to whether or not the activities of the Interstate Oil Compact Commission and of the States under the provisions of such compact have been consistent veith the purposes as set out in Article V of such compact. (b) The Attorney General shall also review the activities of any advisory committees to the Commission and the States, and not later than June 30, 1978, report to Congress as to whether the activities of any such advisory committees could tend to create or maintain situations inconsistent with the antitrust laws of the United States. SEC. 3. The right to alter, amend, or repeal the provisions of the first section of this joint resolution is hereby expressly reserved. Approved October 14, 1976.

LEGISLATIVE HISTORY: SENATE REPORT No. 94-771 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed Senate. Sept. 29, considered and passed House.

Report ^^ Congress,

Review; ^port ^° Congress.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/904

 90 STAT. 2372

PUBLIC LAW 94-494—Oct. 14, 1976

Public Law 94-494 94th Congress Joint Resolution Oct. 14 1976 ' ' r [HJ. Res. 1119]

95th Congress. First session.

To provide for the convening of the first session of the Ninety-fifth Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the first regular session of the Ninety-fifth Congress shall begin at 2 o'clock post meridiem on Tuesday, January 4, 1977. Approved October 14, 1976

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 122 (1976): Oct. 1, considered and passed House and Senate.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/905

 PUBLIC LAW 94-495—OCT. 14, 1976

90 STAT. 2373

Public Law 94-495 94th Congress An Act To authorize the Architect of the Capitol to perform certain work on and maintain the historical sections of the Congressional Cemetery and to study and formulate proposals for renovation and permanent maintenance of such sections by the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subject to the provisions of subsection (b), the Architect of the Capitol is authorized to perform such work as may be necessary to prevent further deterioration of, and to maintain, those sections of the cemetery located in the District of Columbia known as the Congressional Cemetery which are of historical significance, including those sections in which former Members of the Senate and House of Representatives are buried, and including any such work in the remainder of the cemetery as he determines to be necessary to protect the historical sections. (b) Before commencing any work under subsection (a), the Architect of the Capitol shall obtain the consent and approval of the person or persons who have legal responsibility for the care and maintenance of the cemetery and shall enter into such agreements with them as may be necessary to carry out the provisions of such subsection. Such agreements shall include provisions protecting the liability of the Architect of the Capitol and the employees of his Office. (c) To carry out the provisions of subsection (a), there are authorized to be appropriated the sum of $175,000 for the fiscal year ending September 30, 1978, and the sum of $75,000 for the fiscal year ending September 30, 1979. SEC. 2. (a) The Architect of the Capitol shall conduct a study for the purpose of determining the continuing maintenance and preservation needs for those historical sections of the Congressional Cemeterv referred to in the first section of this Act, including the costs which he estimates would be associated with various maintenance actions which he may recommend for the cemetery. He shall transmit such study to the Committees on Interior and Insular Affairs of the Senate and House of Representatives not later than September 30, 1978.

Oct. 14.1976 [S. 3441]

Congressional Cemetery. Historical section maintenance.

}ropriation authorizations.

Study.

Reports to congressional committees.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/906

 90 STAT. 2374 Appropriation authorization.

PUBLIC LAW 94-495—OCT. 14, 1976 (b) To carry out the provisions of subsection (a), there is authori2ed to be appropriated not to exceed $50,000 for the fiscal year ending September 30, 1978. Approved October 14, 1976,

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1682 accompanying H.R. 13789 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1154 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 17, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 13789. Oct. 1, Senate concurred in House amendments.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/907

 PUBLIC LAW 94-496—OCT. 14, 1976

90 STAT. 2375

Public Law 94-496 94th Congress An Act To amend title 10, United States Code, to make certain changes in the Survivor Benefit Plan provided for under subchapter II of chapter 73 of title 10, United States Code, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 73 of title 10, United States Code, is amended as follows: (1) Clauses (3)(A) and (4)(A) of section 1447 are each amended by striking out "two years" and inserting in place thereof "one year". (2) The second sentence of section 1448(a) is amended by inserting "or elects to provide an annuity for a dependent child but not for his spouse" after "maximum level,". (3) Section 1450(a) is amended by striking out "or" at the end of clause (2), renumbering clause (3) as clause (4), and inserting after clause (2) a new clause (3) as follows: "(3) the dependent children in equal shares if the person to whom section 1448 of this title applies elected to provide an annuity for dependent children but not for the spouse; or". (4) Sections 1450(f), 1451(b), 1452(a), and 1452(c) are each amended by striking out " (a)(3) " and inserting in place thereof

Oct. 14, 1976 [H.R. 14773]

Armed Forces, Survivor Benefit "" p ^ ^^ ^^^ Y'wn. 10 USC 1448. 10 USC 1450.

10 USC 1450, 1451, 1452.

(5) Section 1452 of title 10, United States Code, is amended by— 10 USC 1452. (A) further amending subsection (a) by— (i) striking out the first word and inserting the following in place thereof: "Except as provided in subsection (b), the"; and (ii) adding the following new sentence at the end thereof: "The reduction in retired or retainer pay prescribed by the first sentence of this subsection shall not be applicable during any month in which there is no eligible spouse beneficiary"; (B) amending subsection (b) by inserting "or who has a spouse but has elected to provide an annuity for dependent children only," after "spouse,"; and (C) further amending subsection (c) by adding the following sentence at the end thereof: "The reduction in retired or retainer pay prescribed by this subsection shall continue during the lifetime of the person designated under section 1450(a)(4) of this title or until the person receiving retired or retainer pay changes his election under section 1450(f).". SEC. 2. Section 4 of Public Law 92-425, September 21, 1972 (86 10 USC 1448 Stat. 712), is amended as follows: note. (1) Subsection (a)(3) is amended by striking "$1,400" and inserting "$2,100" in place thereof. (2) The first sentence of subsection (b) is amended by striking "$1,400" and inserting "$2,100" in place thereof.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/908

 90 STAT. 2376

Effective <***«• 10 USC 1447 note.

PUBLIC LAW 94-496—OCT. 14, 1976 (3) Add at the end thereof a new subsection (c) as follows: "(c) Subsection 1450(i) and section 1453 as added to title 10, United States Code, by clause 3 of the first section of this Act, are applicable to persons covered by this section.". SEC. 3. This Act shall be effective as of September 21, 1972. No pay shall accrue to any person by virtue of the enactment of this Act for any period prior to October 1, 1976. Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1458, Pt. 1 (Comm. on Armed Services) and No. 94-1458, Pt. 2 (Comm. on Appropriations). SENATE REPORT No. 94-1328 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed House. Oct. 1, considered and passed Senate, amended; House concurred in Senate amendments.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/909

 PUBLIC LAW 94-497—OCT. 14, 1976

90 STAT. 2377

Public Law 94-497 94th Congress Joint Resolution Authorizing the acceptance of the Joint Committee on the Library on behalf of the Congress, from the United States Capitol Historical Society, of preliminary design sketches and funds for murals, in the first floor corridors in the House wing of the Capitol, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding any other provision of law, the Joint Committee on the Library is authorized to accept, on behalf of the Congress, as a gift from the United States Capitol Historical Society, preliminary design sketches intended as a basic design for murals proposed to be painted on the ceiling and walls of the first floor corridors in the House wing of the United States Capitol. SEC. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized— (1) to accept in the name of the United States, from the United States Capitol Historical Society, such sum or sums as such society may tender in full payment thereof, and such sum or sums, when so received, shall be credited to the appropriation account "Capitol Buildings, Architect of the Capitol", and (2) subject to section 3 of this joint resolution, to expend such sum or sums for the employment, by contract, of an artist or artists, for the execution of mural decorations on the ceiling and walls of the first floor corridor in the House wing of the United States Capitol in substantial accordance with the preliminary design sketches referred to in the first section of the joint resolution, after the acceptance by the Joint Committee on the Library, and for all other necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee. SEC. 3. The Architect of the Capitol, under the direction of the Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of the joint resolution. SEC. 4. Sums received under the joint resolution, when credited to the appropriation account "Capitol Buildings, Architect of the Capitol", shall be expended and shall remain available until expended. Any net monetary amounts remaining after the completion of the

Oct. 14, 1976 [HJ. Res. 967]

U.S. Capitol. Design sketches and funds for murals. 40 USC 166 note.

40 USC 166 note.

Contract authority. 40 USC 166 note.

40 USC 166 note.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/910

 90 STAT. 2378

PUBLIC LAW 94-497—OCT. 14, 1976 project authorized by the joint resolution, and in excess of the cost of such project, shall be returned to the United States Capitol Historical Society. Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1396 (Comm. on House Administration). SENATE REPORT No. 94-1371 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 20, considered and passed House. Oct. 1, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/911

 PUBLIC LAW 94-498—OCT. 14, 1976

90 STAT. 2379

Public Law 94-498 94th Congress An Act To designate a Federal building and United States Post OflSce in Jasper, Georgia, as the "Phil M. Landrum Federal Building and Post Office".

Be it enacted 5y the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal building and United States Post Office bounded b;^^ Church Street, Pratcher Street, and Richards Street, Jasper, Georgia, shall hereafter be known and designated as the "Phil M. Landrum Federal Building and Post Office". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the "Phil M. Landrum Federal Building and Post Office". Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1588 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-1384 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 14, 1976 [H.R. 12927]

Phil M. ^J**™."!,.,,. Federal Bmlding nffic * jg^^' Q^ Designation,

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/912

 90 STAT. 2380

PUBLIC LAW 94-499—OCT. 14, 1976

Public Law 94-499 94th Congress An Act Oct. 14, 1976 [H.R. 14886] Presidential Transition Act of 1963, amendments. Appropriation authorization.

3 USC 102 note.

Effective date. 3 USC 102 note.

To revise the appropriation authorization for the Presidential Transition Act of 1963, and for other purposes.

Be it eruicted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended to read as follows: "SEC. 5. There are hereby authorized to be appropriated to the Administrator such funds as may be necessary for carrying out the purposes of this Act, except that with respect to any one Presidential transition— "(1) not more than $2,000,000 may be appropriated for the purposes of providing services and facilities to the President-elect and Vice President-elect under section 3, and "(2) not more than $1,000,000 may be appropriated for the purposes of providing services and facilities to the former President and former Vice President under section 4. The President shall include in the budget transmitted to Congress, for each fiscal year in which his regular term of office will expire, a proposed appropriation for carrying out the purposes of this Act." (b) Section 3(a)(3) of the Presidential Transition Act of 1963 is amended by striking out "at rates not to exceed $100 per diem for individuals". SEC. 2. Section 3(a)(2) of the Presidential Transition Act of 1963 is amended by striking out "or nonreimbursable". SEC. 3. The amendment made by the first section of this Act shall take effect on— (1) the date of the enactment of this Act, or (2) October 1, 1976, whichever is later. Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1442 (Comm. on Government Operations). SENATE REPORT No. 94-1322 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 1, considered and passed House. Sept. 30, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/913

 PUBLIC LAW 94-500—OCT. 14, 1976

90 STAT. 2381

Public Law 94-500 94th Congress An Act To name the new post oflSce in Youngstown, Ohio, the "Michael J. Kirwan Post Office".

Be it BTiacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building being constructed by the United States Postal Service at 99 South Walnut Street, in Youngstown, Ohio, shall be known and designated as the "Michael J. Kirwan Post Office". Any reference in any law, map, regulation, document, record, or other paper of the United States to such building shall be considered to be a reference to the Michael J. Kirwan Post Office. Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1591 (Coram, on Public Works and Transportation). SENATE REPORT No. 94-1364 (Coram, on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Sept. 30, considered and passed Senate.

9-194 O—78—pt. 2

58

Oct. 14, 1976 [H.R. 14503]

Michael J. Kirwan Post Office, Youngstown, Ohio. Designation.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/914

 90 STAT. 2382

PUBLIC LAW 94-501~OCT. 14, 1976

Public Law 94-501 94th Congress An Act Oct. 14, 1976 [H.R. 15546] Ray J. Madden Post Office Building, ary, n. esignation.

To designate the "Ray J, Madden Post Office Building". Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Post Office Building at 1499 Doctor Martin Luther King Drive, Gary, Indiana, shall hereafter be known and designated as the "Ray J. Madden Post Office Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to such building shall be held to be a reference to the Ray J. Madden Post Office Building. Approved October 14, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1594 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-1387 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/915

 90 STAT. 2383

PUBLIC LAW 94-502—OCT. 15, 1976

Public Law 94-502 94th Congress An Act To amend title 38, United States Code, to set a termination date for veterans' educational benefits under chapters 34 and 36, to increase vocational rehabilitation subsistence allowances, educational and training assistance allowances, and special allowances paid to eligible veterans and persons under chapters 31, 34, and 3 5; to extend the basic educational assistance eligibility for veterans and for certain dependents from thirty-six to forty-five months; to improve and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34; to improve and expand the education loan program for veterans and persons eligible for benefits under chapter 34 or 35; to create a new chapter 32 (Post-Vietnam Era Veterans' Educational Assistance program) for those entering military service on or after January 1, 1977; to make other improvements in the educational assistance prograiji; to clarify, codify, and strengthen the administration of educational benefits to prevent or reduce abuse; to promote the employment of veterans by improving and expanding the provisions governing the operation of Veterans' Employment Service; 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 "Veterans' Education and Employment Assistance Act of 1976". TITLE I—CHAPTER 31 DISABLED VETERANS' VOCATIONAL REHABILITATION RATE AND PROGRAM ADJUSTMENTS SEC. 101. The table contained in section 1504(b) of title 38, United States Code, is amended to read as follows: "Column I

Column II

Column III

Column IV

Column V

Type of training

No dependents

One dependent

Two dependents

More than two dependents

Institutional: Full-time Three-quartertime Half-time Farm cooperative, apprentice, or other on-job training: Full-time

The amount in column IV, plus the following for each dependent in excess of two: $226

$280

$329

$24

170 113

210 140

247 165

18 12

• _ 197

238

275

18".

Oct. 15, 1976 [S. 969]

Veterans' Education and Employment Assistance Act of 1976. 38 USC 101 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/916

 90 STAT. 2384

38 USC 1502. 38 USC 1503.

38 USC 1504. 38 USC 1505. 38 USC 1507. 38 USC 1508. 38 USC 1509.

38 USC 1510. 38 USC 1511.

PUBLIC LAW 94-502—OCT. 15, 1976 SEC. 102. Section 1503(c) of title 38, United States Code, is amended by striking out ", but not beyond ten years after such termination date, or June 30, 1975, whichever date is the later," and inserting in lieu thereof "when such action is determined by the Administrator to be necessary for such veteran based upon such veteran's disability and need for vocational rehabilitation,". SEC. 103. Section 1511 of title 38, United States Code, is amended by adding at the end thereof the following: "Notwithstanding any other provision of law, the facilities of any agency of the United States, as designated in clause (3) of this section, may be used to provide unpaid training or work experience as part or all of a veteran's program of vocational rehabilitation when the Administrator determines such training or work experience to be necessary to accomplish vocational rehabilitation. While pursuing such training or work experience, an uncompensated veteran shall be deemed an employee of the United States for the purposes of the benefits of chapter 81 of title 5 but not for the purposes of laws administered by the Civil Service Commission.". SEC. 104. Chapter 31 of title 38, United States Code, is amended— (1) by striking out in the second sentence of section 1502(b) "him" and inserting in lieu thereof "the veteran"; (2) by striking out in subsections (a) and (b) of section 1503 "his", "he", and "him" each time they appear and inserting in lieu thereof "the veteran's", "the veteran", and "the veteran", respectively; (3) by striking out in section 1503(c) "him" and "he" each time they appear and inserting in lieu thereof "the veteran" and by striking out "his" the first and second time it appears and inserting in lieu thereof "the veteran's" and "the veteran", respectively; (4) by striking out in subsections (a) and (c) of section 1504 "his" and "him" and inserting in lieu thereof "the veteran's" and "the employer", respectively; (5} by striking out in section 1505 "he" and "his" and inserting m lieu thereof "the Administrator" and "the veteran's", respectively; (6) by striking out in section 1507 "him" and inserting in lieu thereof "the Administrator"; (7) by striking out in section 1508 "he" and inserting in lieu thereof "the Administrator"; (8) by striking out in section 1509(a) "him", "his", and "he" each time they appear and inserting in lieu thereof "the veteran", "the veteran's", and "the veteran", respectively; (9) by striking out in section 1509(b) "he" and inserting in lieu thereof "the Administrator"; (10) by striking out in section 1510 "he" each time it appears and inserting in lieu thereof "such person"; and (11) by striking out in section 1511 "he" and inserting in lieu thereof "the Administrator". TITLE II—VETEEANS' EDUCATION KATE AND PROGRAM ADJUSTMENTS

38 USC 1682.

SEC. 201. Chapter 34 of title 38, United States Code, is amended— (1) by amending the table contained in paragraph (1) of section 1682(a) to read as follows:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/917

 90 STAT. 2385

PUBLIC LAW 94-502—OCT. 15, 1976 "Column I

Type of program

Column II

Column III

Column IV

Column V

No dependents

One dependent

Two dependents

More than two dependents The amount in column IV, plus the following for each dependent in excess of two:

Institutional: Full-time Three-quartertime Half-time Cooperative

$292

$347

$396

219 146 235

260 174 276

297 198 313

$24 18 12 18";

(2) by striking out in section 1682(b) "$270" and inserting in 38 USC 1682. lieu thereof "$292"; (3) by amending the table contained in paragraph (2) of section 1682(c) to read as follows: "Column I

Column II

Column III

Column IV

Column V

Basis

No dependents

One dependent

Two dependents

More than two dependents

$313 235 157

The amount in column IV, plus the following for each dependent in excess of two: $18 14 9";

Full-time Three-quarter-time. _ Half-time

$235 176 118

$276 207 138

and (4) by striking out in section 1696(b) "$270" and inserting in lieu thereof "$292". SEC. 202. Section 1652 of title 38, United States Code, is amended by adding at the end thereof the following new subsections: "(f) For the purposes of this chapter and chapter 36 of this title, the term 'institution of higher learning' means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher

38 USC 1696

"Institution of higher learning." 38 USC 1770 et seq.

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