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Page:United States Statutes at Large Volume 90 Part 1.djvu/1137

 PUBLIC LAW 94-377—AUG. 4, 1976 "(7) No logical mining unit shall be approved by the Secretary if the total acreage (both Federal and non-Federal) of the unit would exceed twenty-live thousand acres. " (8) Nothing in this section shall be construed to waive the acreage limitations for coal leases contained in section 27(a) of the Mineral Lands Leasing Act (30 U.S.C. 184(a)).". SEC. 6. Section 7 of the Mineral Lands Leasing Act (30 U.S.C. 207) is amended to read as follows: "SEC. 7. (a) A coal lease shall be for a term of twenty years and for so long thereafter as coal is produced annually in commercial quantities from that lease. Any lease which is not producing in commercial quantities at the end of ten years shall be terminated. The Secretary shall by regulation prescribe annual rentals on leases. A lease shall require payment of a royalty in such amount as the Secretary shall determine of not less than I214 per centum of the value of coal as defined by regulation, except the Secretary may determine a lesser amount in the case of coal recovered by underground mining operations. The lease shall include such other terms and conditions as the Secretary shall determine. Such rentals and royalties and other terms and conditions of the lease wall be subject to readjustment at the end of its primary term of twenty years and at the end of each ten-year period thereafter if the lease is extended. "(b) Each lease shall be subject to the conditions of diligent development and continued operation of the mine or mines, except where operations under the lease are interrupted by strikes, the elements, or casualties not attributable to the lessee. The Secretary of the Interior, upon determining that the public interest will be served thereby, may suspend the condition of continued operation upon the payment of advance royalties. Such advance royalties shall be no less than the production royalty which would otherwise be paid and shall be computed on a fixed reserve to production ratio (determined by the Secretary). The aggregate number of years during the period of any lease for which advance royalties may be accepted in lieu of the condition of continued operation shall not exceed ten. The amount of any production royalty paid for any year shall be reduced (but not below 0) by the amount of any advance royalties paid under such lease to the extent that such advance royalties have not been used to reduce production royalties for a prior j^ear. No advance royalty paid during the initial twenty-year term of a lease shall be used to reduce a production royalty after the twentieth year of a lease. The Secretary may, upon six months' notification to the lessee cease to accept advance royalties in lieu of the requirement of continued operation. Nothing in this subsection shall be construed to affect the requirement contained in the second sentence of subsection (a) relating to commencement of production at the end of ten years. "(c) Prior to taking any action on a leasehold which might cause a significant disturbance of the environment, and not later than three years after a lease is issued, the lessee shall submit for the Secretary's approval an operation and reclamation plan. The Secretary shall approve or disapprove the plan or require that it be modified. "Where the land involved is under the surface jurisdiction of another Federal agency, that other agency must consent to the terms of such approval.". SEC. 7. The Mineral Lands Leasing Act is amended by inserting after section 8 the following new section 8A: "SEC. SA. (a) The Secretary is authorized and directed to conduct a comprehensive exploratory program designed to obtain sufficient data and information to evaluate the extent, location, and potential for developing the known recoverable coal resources within the coal lands

89-194 O—78—pt. 1

72

90 STAT. 1087

Terms and conditions. Regulation. Royalty.

Advance royalties.

Operation and reclamation plan, submittal to Secretary.

Exploratory program. 30 USC 208-1.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1138

 90 STAT. 1088

Information, availability to public.

Maps and reports, publication.

PUBLIC LAW 94-377—AUG. 4, 1976

subject to this Act. This program shall be designed to obtain the resource information necessary for determining whether commercial quantities of coal are present and the geographical extent of the coal fields and for estimating the amount of such coal which is recoverable by deep mining operations and the amount of such coal which is recoverable by surface mining operations in order to provide a basis for— "(1) developing a comprehensive land use plan pursuant to section 2; "(2) improving the information regarding the value of public resources and revenues which should be expected from leasing; "(3) increasing competition among producers of coal, or products derived from the conversion of coal, by providing data and information to all potential bidders equally and equitably; "(4) providing the public with information on the nature of the coal deposits and the associated stratum and the value of the public resources being offered for sale; and "(5) providing the basis for the assessment of the amount of coal deposits in those lands subject to this Act under subparagraph (B) of section 2(a)(3). "(b) The Secretary, through the United States Geological Survey, is authorized to conduct seismic, geophysical, geochemical, or stratigraphic drilling, or to contract for or purchase the results of such exploratory activities from commercial or other sources which may be needed to implement the provisions of this section. "(c) Nothing in this section shall limit any person from conducting exploratory geophysical surveys including seismic, geophysical, chemical surveys to the extent permitted by section 2(b). The information obtained from the exploratory drilling carried out by a person not under contract with the United States Government for such drilling prior to award of a lease shall be provided the confidentiality pursuant to subsection (d). "(d) The Secretary shall make available to the public by appropriate means all data, information, maps, interpretations, and surveys which are obtained directly by the Department of the Interior or under a service contract pursuant to subsection (b). The Secretary shall maintain a confidentiality of all proprietary data or information purchased from commercial sources while not under contract with the United States Government until after the areas involved have been leased. " (e) All Federal departments or agencies are authorized and directed to provide the Secretary with any information or data that may be deemed necessary to assist the Secretary in implementing the exploratory program pursuant to this section. Proprietary information or data provided to the Secretary under the provisions of this subsection shall remain confidential for such period of time as agreed to by the head of the department or agency from whom the information is requested. In addition, the Secretary is authorized and directed to utilize the existing capabilities and resources of other Federal departments and agencies by appropriate agreement. "(f) The Secretary is directed to prepare, publish, and keep current a series of detailed geological, and geophysical maps of, and reports concerning, all coal lands to be offered for leasing under this Act, based on data and information compiled pursuant to this section. Such maps and reports shall be prepared and revised at reasonable intervals beginning eighteen months after the date of enactment of this Act. Such maps and reports shall be made available on a continuing basis to any person on request.

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


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1139

 PUBLIC LAW 94-377—AUG. 4, 1976

90 STAT. 1089

"(g) Within six months after the date of enactment of this Act, the Secretary shall develop and transmit to Congress an implementation plan for the coal lands exploration program authorized by this section, including procedures for making the data and information available to the public pursuant to subsection (d), and maps and reports pursuant to subsection (f). The implementation plan shall include a projected schedule of exploratory activities and identification of the regions and areas which will be explored under the coal lands exploration program during the first five years following the enactment of this section. In addition, the implementation plan shall include estimates of the appropriations and staffing required to implement the coal lands exploration program. "(h) The stratigraphic drilling authorized in subsection (b) shall be carried out in such a manner as to obtain information pertaining to all recoverable reserves. For the purpose of complying with subsection (a), the Secretary shall require all those authorized to conduct stratigraphic drilling pursuant to subsection (b) to supply a statement of the results of test boring of core sampling including logs of the drill holes; the thickness of the coal seams found; an analysis of the chemical properties of such coal: and an analysis of the strata layers lying above all the seams of coal. All drilling activities shall be conducted using the best current technology and practices.". SEC. 8. The Mineral Lands Leasing Act is further amended by adding after section 8A the following new section SB: "SEC. SB. Within six months after the end of each fiscal year, the Secretary shall submit to the Congress a report on the leasing and production of coal lands subject to this Act during such fiscal year; a summary of management, supervision, and enforcement activities; and recommendations to the Congress for improvements in management, environmental safeguards, and amount of production in leasing and mining operations on coal lands subject to this Act. Each submission shall also contain a report by the Attorney- General of the United States on competition in the coal and energy industries, including an analysis of whether the antitrust provisions of this Act and the antitrust laws are effective in preserving or promoting competition in the coal or energy industry.". SEC. 9. (a) Section 35 of the Mineral Lands Leasing Act, as amended (30 U.S.C. 191) is further amended by deleting "52i/^ per centum thereof shall be paid into, reserved" and inserting in lieu thereof: "40 per centum thereof shall be paid into, reserved", and is further amended by striking the period at the end of the proviso and inserting in lieu thereof the following language: ": Provided further, That an additional 12^/^ per centum of all moneys received from sales, bonuses, royalties, and rentals of public lands under the provisions of this Act and the Geothermal Steam Act of 1970 shall be paid by the Secretary of the Treasury as soon as practicable after December 31 and June 30 of each year to the State within the boundaries of which the leased lands or deposits are or were located; said additional 121^ per centum of all moneys paid to any State on or after January 1, 1976, shall be used by such State and its subdivisions as the legislature of the State may direct giving priority to those subdivisions of the State socially or economically impacted by development of minerals leased under this Act for (1) planning, (2) construction and maintenance of public facilities, and (3) provision of public services: Prori^ec?/wr/SAgr, That such funds now held or to be received, by the States of Colorado and Utah separately from the Department of the Interior oil shale test leases known as 'C-A'; 'C-B'; 'U-A' and 'U-B' shall be used by such States and subdivisions as the legislature of each State may direct

Implementation plan, transmittal
 * ° Congress,

'_

^

j..

Report to Congress. 30 USC 208-2.

30 USC 1001 note,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1140

 90 STAT. 1090

PUBLIC LAW 94-377—AUG. 4, 1976

giving priority to those subdivisions socially or economically impacted s by the development of minerals leased under this Act for (1) planning, (2) construction and maintenance of public facilities, and (3) provision of public services.". (b) In the first sentence of section 85 of the ]Mineral Lands Leasing 30 USC 191. Act, before the words "shall be paid into the Treasury of the United States" insert "and the Geothermal Steam Act of 1970, notwithstanding the provisions of section 20 thereof,"; before the words "from lands within the naval petroleum reserves" insert "and the Geothermal Steam Act of 1970"; and, in the second sentence, before the words "not otherwise disposed of" insert "and the Geothermal Steam Act of 1970". Study. SEC. 10. The Director of the Office of Technology Assessment is 30 USC 201 note, authorized and directed to conduct a complete study of coal leases entered into by the United States under section 2 of the Act of Feb30 USC 201. ruary 25, 1920 (commonly known as the jNIineral Lands Leasing Act). Such study shall include an analysis of all mining activities, present and potential value of said coal leases, receipts of the Federal Government from said leases, and recommendations as to the feasibility of Submittal to the use of deep mining technology'' in said leased area. The Director Congress. shall submit the results of his study to the Congress within one year after the date of enactment of this Act. SEC. 11. (a) Section 27(a)(1) of the Mineral Lands Leasing Act (30 U.S.C. 184:(a)(1)), is amended to read as follows: "(1) No person, association, or corporation, or any subsidiary, affiliate, or persons controlled by or under common control with such person, association, or corporation shall take, hold, OAvn or control at one time, whether acquired directly from the Secretary under this Act or otherwise, coal leases or permits on an aggregate of more than forty-six thousand and eighty acres in any one State and in no case greater than an aggregate of one hundred thousand acres in the United States: Provided, That any person, association, or corporation currently holding, OAvning, or controlling more than an aggregate of one hundred thousand acres in the United States on the date of enactment of this section shall not be required on account of this section to relinquish said leases or permits: Provided, further, That in no case shall such person, association, or corporation be permitted to take, hold, own, or control any further Federal coal leases or permits until such time as their holdings, OAvnership, or control of Federal leases or permits has been reduced below an aggregate of one hundred thousand acres within the United States.". Repeal. (b) Subject to valid existing rights, section 27(a)(2) of the Mineral 30 USC 184note. Lands Leasing Act (30 U.S.C. 184(a)(2)) is hereby repealed. SEC. 12. (a) Section 3 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 352) is amended by striking out "(b) set apart for military or naval purposes, or (c)" and insert in lieu thereof "or (b)". (b) Such section 3 is further amended by inserting the following after the first sentence thereof: "Coal or lignite under acquired lands set apart for military or naval purposes may be leased by the Secretary, with the concurrence of the Secretary of Defense, tp a governmental entity (including any corporation primarily acting as an agency or instrumentality of a State) which produces electrical energy for sale to the public if such governmental entity is located in the State in whic^ such lands are located.". Repeal. SEC. 13. (a) Subject to valid existing rights, section 4 of the Mineral 30 USC 204 note. Lands Leasing Act (30 U.S.C. 204) is hereby repealed. (b) Subject to valid existing rights, section 3 of the Mineral Lands Leasing Act (30 U.S.C. 203) is amended to read as follows:

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1141

 PUBLIC LAW 94-377—AUG. 4, 1976 "SEC. 3, Any person, association, or corporation holding a lease of coal lands or coal deposits under the provisions of this Act may with the approval of the Secretary of the Interior, upon a finding by him that it would be in the interest of the United States, secure modifications of the original coal lease by including additional coal lands or coal deposits contiguous to those embraced in such lease, but in no event shall the total area added by such modifications to an existing coal lease exceed one hundred sixty acres, or add acreage larger than that in the original lease. The Secretary shall prescribe terms and conditions which shall be consistent with this Act and applicable to all of the acreage in such modified lease.". SEC. 14. Section 39 of the Mineral Lands Leasing Act (30 U.S.C. 209) is amended by adding the following sentence at the end thereof: "Nothing in this section shall be construed as granting to the Secretary the authority to waive, suspend, or reduce advance royalties.". SEC. 15. Section 27 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 184) is amended by adding at the end thereof the following new subsection: "(1)(1) At each stage in the formulation and promulgation of rules and regulations concerning coal leasing pursuant to this Act, and at each stage in the issuance, renewal, and readjustment of coal leases under this Act, the Secretary of the Interior shall consult with and give due consideration to the views and advice of the Attorney General of the United States. "(2) No coal lease may be issued, renewed, or readjusted under this Act until at least thirty days after the Secretary of the Interior notifies the Attorney General of the proposed issuance, renewal, or readjustment. Such notification shall contain such information as the Attorney General may require in order to advise the Secretary of the Interior as to whether such lease would create or maintain a situation inconsistent with the antitrust laws. If the Attorney General advises the Secretary of the Interior that a lease would create or maintain such a situation, the Secretary of the Interior may not issue such lease, nor may he renew or readjust such lease for a period not to exceed one year, as the case may be, unless he thereafter conducts a public hearing on the record in accordance with the Administrative Procedures Act and finds therein that such issuance, renewal, or readjustment is necessary to effectuate the purposes of this Act, that it is consistent with the public interest, and that there are no reasonable alternatives consistent with this Act, the antitrust laws, and the public interest. "(3) Nothing in this Act shall be deemed to convey to any person, association, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under any antitrust law. "(4) As used in this subsection, the term 'antitrust law' means— "(A) the Act entitled 'An Act to protect trade and commerce against unlawful restraints and monopolies', approved July 2, 1890 (15 U.S.C. 1 et seq.), as amended; "(B) the Act entitled 'An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes', approved October 15, 1914 (15 U.S.C. 12 et seq.), as amended:

90 STAT. 1091 Lease modifications,

Terms and conditions,

-= ':

Consultation,

Notification,

Hearing,

5 USC 551 prec. note.

"Antitrust law."

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1142

 90 STAT. 1092

PUBLIC LAW 94-377—AUG. 4, 1976

"(C) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), ' as amended; "(D) sections 73 and 74 of the Act entitled 'An Act to reduce taxation, to provide revenue for the Government, and for other purposes', approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; or " (E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13,13a, 13b, and 21a).". 30 USC 201 note. SEC. 16. Nothing in this Act, or the Mineral Lands Leasing Act and ^n TT«r if} "****' ^^^ Mineral Leasing Act for Acquired Lands which are amended by 30 USC 351 note, ^j^jg ^^^^ shall be construed as authorizing coal mining on any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, and the Wild and Scenic Bivers System, including study rivers 16 USC 1276. designated under section 5(a) of the Wild and Scenic Rivers Act. CARL ALBERT

Speaker of the House of Representatives. • fa!' --

.J

LEE METCALF

Acting President of the Senate pro tempore.

IN THE SENATE OF THE UNITED STATES, August 3, 1976. The Senate having proceeded to reconsider the bill (S. 391) entitled "An Act to amend the Mineral Leasing Act of 1920, and jfor other purposes", returned by the President of the United States with his objections, to the Senate, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO

Secretary. I certify that this Act originated in the Senate. FRANCIS R. VALEO

Secretary. IN THE U.S. HOUSE OF REPRESENTATIVES August 4, 1976. The House of Representatives having proceeded to reconsider the bill (S. 391) entitled "An Act to amend the Mineral Leasing Act of 1920, and for other purposes", returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1143

 PUBLIC LAW 94-377—AUG. 4, 1976

90 STAT. 1093

Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: EDMUND L. HENSHAW, JR.

Clerk.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-681 accompanying H.R. 6721 (Coram, on Interior and Insular Affairs). SENATE REPORT No. 94-296 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): July 31, considered and passed Senate. Vol. 122 (1976): Jan. 21, considered and passed House, amended, in lieu of H.R. 6721. June 21, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 27 (1976): July 3, vetoed; Presidential message. CONGRESSIONAL RECORD: Vol. 122 (1976): Aug. 3, Senate overrode veto. Aug. 4, House overrode veto.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1145

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1095

Public Law 94-378 94th Congress An Act Making appropriations for the Department of Housing and Urban Development, and for sundry independent executive agencies, boards, bureaus, commissions, corporations, and offices for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Housing and Urban Development, and for sundry independent executive agencies, boards, bureaus, commissions, corporations, and offices for the fiscal year ending September 30, 1977, and for other purposes, namely:

?'—2 [H.R. 14233]

Department of Housing and Urban Development—Independent Agencies Appropriation Act, 1977.

TITLE I

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT H O U S I N G PROGRAMS ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING

The additional amount of contracts for annual contributions, not otherwise provided for, as authorized by section 5 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c), entered into after September 30, 1976, shall not exceed $675,000,000 including not more than $35,000,000 for the modernization of existing low-income housing projects, which amounts shall be in addition to balances of authorization heretofore made available for such contracts: Provided, That the total new budget authority obligated under such contracts entered into after September 30, 1976, shall not exceed $14,870,400,000, which amount shall not include budget authority obligated under balances of authorization heretofore made available: Provided further, That of the total herein provided, excluding funds for modernization, not more than $120,000,000 shall be used only for contracts for annual contributions to assist in financing the development or acquisition of low-income housing projects to be owned by public housing agencies other than under section 8 of the above Act: Provided further, That of the amount set forth in the second proviso, not more than $85,000,000 shall be used only for projects on which construction or substantial rehabilitation is commenced after the effective date of this Act except in the case of amendments to existing contracts: Provided further. That of the amount set forth in the second proviso, not less than 15 per centum shall be used only with respect to new construction in non-metropolitan areas.

42 USC 1437f.

'

•

HOUSING rOR THE ELDERLY OR HANDICAPPED

The limitation on the aggregate loans that may be made under section 202 of the Housing Act of 1959, as amended, from the fund 12 USC 1701q. authorized by subsection (a)(4) of such section, is hereby established for the fiscal year 1977 at $750,000,000 in accordance with paragraph (C) of such subsection, which funds shall be available only to qualified nonprofit sponsors for the purpose of providing 100 per centum loans for the development of housing for the elderly or handicapped, with

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text:
Author:Frederick Stanley Maude

Works

 * "The Proclamation of Baghdad" (1917)
 * The Commercial Future of Baghdad (1917)

title: Author:Frederick Stanley Maude


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1146

 90 STAT. 1096 i -

PUBLIC LAW 94^378—AUG. 9, 1976 any cash equity or other financial commitments imposed as a condition of loan approval to be returned to the sponsor if sustaining occupancy is achieved in a reasonable period of time: Provided, That the full amount shall be available for permanent financing (including construction financing) for housing projects for the elderly or handicapped: Provided further, That the Secretary may borrow from the Secretary of the Treasury in such amounts as are necessary to provide the loans authorized herein. HOUSING PAYMENTS

.,;.

42 USC 1440.

For the payment of annual contributions, not otherwise provided for, in accordance with section 6 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437c); for payments authorized by title IV of the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent supplement payments authorized by section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. 1701s); for payments as authorized by sections 235 and 236, of the National Housing Act, as amended (12 U.S.C. I715z, 1715z-l); and for payments as authorized by section 802 of the Housing and Community Development Act of 1974 (88 Stat. 633), $2,975,000,000: Provided, That excess rental charges credited to the Secretary in accordance with section 236(g) of the National Housing Act, as amended, shall be available, in addition to amounts appropriated herein, for the payments on contracts entered into pursuant to the authorities enumerated above. PAYMENTS FOR OPERATION OF LOW-INCOME HOUSING PROJECTS

For annual contributions to public housing agencies for the payment of operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $575,600,000: Provided, That the aggregate amount of contracts for annual contributions entered into for such payments shall not exceed $575,600,000. MOBILE H O M E STANDARDS PROGRAM

^;,,,,

For necessary expenses, not otherwise provided for, to carry out the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426), $1,000,000. FEDERAL HOUSING ADMINISTRATION

12 USC 1701.

FUND

For payment to cover losses, not otherwise provided for, sustained by the Special Risk Insurance Fund and the General Insurance Fund, $135,000,000, to remain available until expended, as authorized by the National Housing Act, as amended. HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance, not otherwise provided for, of providing counseling and advice to tenants and homeowners— both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as author-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1147

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1097

ized by section 106(a)(1) (iii) and section 106(a)(2) of the Housing 12 USC 1701x. and Urban Development Act of 1968, as amended, $3,000,000. GOVERNMENT NATIONAL MORTGAGE PAYMENT OF PARTICIPATION SALES

ASSOCIATION

INSUFFICIENCIES

For the payment of such insufficiencies as may be required by the Government National Mortgage Association, as trustee, on account mdi o,f outstanding beneficial interests or participations in assets of the Department of Housing and Urban Development (including the Government National Mortgage Association) authorized by the Independent Offices and Department of Housing and Urban Development Appropriation Act, 1968, to be issued pursuant to section 302 81 Stat. 341. (c) of the Federal National Mortgage Association Charter Act, as amended, $21,265,000. 12 USC 1717. COMMUNITY P L A N N I N G AND

DEVELOPMENT

COMMUNITY DEVELOPMENT GRANTS

For contracts with and payments to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development g r a n t program as authorized by Title I of the Housing and Community Development Act of 1974 ( P. L. 93-383, 88 Stat. 633), $3,148,000,000 42 USC 5301. of which $200,000,000 shall be used for the purposes stated in section 103(a)(2) of said Act except that not more than $100,000,000 of the 42 USC 5303. amount so provided may be used for the purposes of section 106 (d)(1), to remain available until September 30, 1979. 42 USC 5306. For g r a n t s to units of general local government for urgent community development needs pursuant to section 103(b) of Title I of • . the Housing and Community Development Act o,f 1974, $100,000,000, to remain available until September 30, 1979. COMPREHENSIVE P L A N N I N G GRANTS

For comprehensive p l a n n i n g g r a n t s as authorized by section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $62,500,000, to remain available until expended. REHABILITATION LOAN F U N D

For the revolving fund established pursuant to section 312 of the Housing Act of 1964, as amended (42 U.S.C. 1452b), $50,000,000, which amount shall be augmented by any previously appropriated funds which would otherwise become unavailable after August 22, 1976: Provided, That the aggregate amount of commitments for loans made from the fund for the fiscal year 1977 shall not exceed the total of loan repayments and other income available during such period, less operating costs, plus the aggregate amount provided herein. FEDERAL INSURANCE

ADMINISTRATION

FLOOD INSURANCE

';

For necessary expenses, not otherwise provided for in carrying out the National Flood Insurance Act of 1968, as amended (42 U.S.C. C h a p. 50), $75,000,000.

- .,

-

42 USC 4001 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1148

 90 STAT. 1098

PUBLIC LAW 94-378—AUG. 9, 1976 POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY

49 USC 1608 note.

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-l et seq.), including carrying out the functions of the Secretary under section 1(a)(l)(i) of Reorganization Plan No. 2 of 1968, $55,000,000, to remain available until September 30, 1978. MANAGEMENT AND ADMINISTRATION SALARIES AND EXPENSES, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $2,500 for official reception and representation expenses, $419,000,000, of which $223,630,000 shall be provided from the various funds of the Federal Housing Administration.

FUNDS APPROPRIATED TO THE PRESIDENT FEDERAL DISASTER ASSISTANCE ADMINISTRATION DISASTER RELIEF

42 USC 4401 note. 42 USC 5121 ^O^lisr 2271 note

For expenses necessary to carry out the functions of the Department of Housing and Urban Development under the Disaster Relief Act of 1970, as amended, the Disaster Relief Act of 1974, and Reorganization Plan No. 1 of 1973, authorizing assistance to States and local governments, $100,000,000, to remain available until expended: Provided, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expenses. TITLE II I N D E P E N D E N T AGENCIES AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES

36 USC 121b. ,,„

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchase and repair of uniforms for caretakers of national cemeteries and monuments, outside of the United States and its territories and possessions; not to exceed $70,000 for expenses of travel; rent of office and garage space in foreign countries; purchase (two for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries when required by law of such countries; $5,824,000: Provided, That where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations, and this appropriation is hereby

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1149

 PUBLIC LAW 9 4 - 3 7 8 — A U G. 9, 1976 made available for the payment of such allowance: Provided further, That when traveling on business of the Commission, officers of the A r m e d Forces serving as members or as secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission: Provided further, That the Commission shall reimburse other Government agencies, including the A r m e d Forces, for salary, pay, and allowances of personnel assigned to it. CONSUMER PRODUCT SAFETY

90 STAT. 1099

36 USC 122. 36 USC 122a. -'

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer P r o d u c t Safety Commisr;..T J. sion, including rent in the District of Columbia and hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18, and not to exceed $500 for official reception and represen- 5 USC 5332 note, tation, $39,000,000: Provided. That funds provided by this appropriation for laboratories shall be available only for the acquisition or conversion of existing laboratories. DEPARTMENT OF D E F E N S E — C IV I L CEMETERIAL E X P E N S E S,

ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of maintenance, operation, and improvement of the cemetery at the Soldiers' and Airmen's H o m e and Arlington National Cemetery, $6,161,000, to remain available until expended: Provided, That reimbursement shall be made to the applicable military appropriation for the pay and allowances of any military personnel performing services primarily for the purposes of this appropriation. ENVIRONMENTAL

PROTECTION

AGENCY

AGENCY A N D REGIONAL MANAGEMENT

For agency and regional management expenses, including official reception and representation expenses (not to exceed $2,500); hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 6 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for G S - 1 8; purchase of r e p r i n t s; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $73,000,000. RESEARCH AND DEVELOPMENT

For research and development activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate of G S - 1 8; purchase of r e p r i n t s; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $-?59,900,000, to remain available for obligation until September 30, 1978.

'•'**•

•' • •

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1150

 90 STAT. 1100

PUBLIC LAW 94-378—AUG. 9, 1976 ABATEMENT AND CONTROL

For abatement and control activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uni,.%':. forms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals 5 USC 5332 note, not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; to remain available for obligation until September 30, 1978, $376,844,000 and for liquidation of obligations incurred in carrying out section 208 of the Federal 33 USC 1288. Water Pollution Control Act, as amended, $49,182,000, to remain available until expended. ENFORCEMENT

 * .V-se:; j-r;lf

For enforcement activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS-18; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $56,561,000. BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment of facilities of or used by the Environmental Protection Agency, $2,100,000, to remain available until expended. CONSTltUCTION GRxiNTS

33 USC 1283.

33 USC 1286.

For liquidation of obligations incurred pursuant to authority contained in section 203 of the Federal Water Pollution Control Act, as amended, $3,800,000,000, to remain available until expended. For an additional amount for liquidation of obligations, "Construction grants", for the period July 1, through September 30, 1976, $200,000,000, to remain available until expended. For payment of reimbursement claims pursuant to section 206(a) of the Federal Water Pollution Control Act, as amended, $200,000,000, to remain available until expended. SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Environmental Protection Agency in the conduct of scientific activities overseas in connection with environmental pollution, as authorized by law, $5,000,000, to remain available until expended: Provided, That this appropriation shall be available in addition to other appropriations to such Agency, for payments in the foregoing currencies. GENERAL

Transfer of funds.

PROVISIONS

Not to exceed 7 per centum of any appropriation made available to the Environmental Protection Agency by this Act (except appropria-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1151

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1101

tions for "Construction Grants") may be transferred to any other such appropriation. No part of any budget authority made available to the Environmental Protection Agency by this Act or for the fiscal year 1976 and the period ending September 30, 1976, shall be used for any grant to cover in excess of 75 per centum of the total cost of the purposes to be carried out by such grant made pursuant to the authority contained in section 208 of the Federal Water Pollution Control Act (P.L. 92-500). 33 USC 1288. EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY

For expenses necessary for the Council on Environmental Quality and the Office of Environmental Quality, in carrying out their functions under the National Environmental Policy Act of 1969 (Public Law 91-190) and the National Environmental Improvement Act of 42 USC 4321 1970 (Public Law 91-224), including official reception and repre- note. sentation expenses (not to exceed $1,000), hire of passenger vehicles, 42 USC 4371 and support of the Citizens' Advisory Committee on Environmental note. Quality, $2,800,000. OFFICE OF SCIENCE AND TECHNOLOGY POLICY SALARIES AND EXPENSES

For expenses necessary for the Office of Science and Technology Policy, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $2,300,000. GENERAL SERVICES ADMINISTRATION CONSUMER INFORMATION CENTER

For necessary expenses of the Consumer Information Center, including services authorized by 5 U.S.C. 3109, $1,073,000. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE OFFICE o r

CONSUMER

AFFAIRS

For necessary expenses of the Office of Consumer Affairs, including services authorized by 5 U.S.C. 3109, $1,581,000. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION RESEARCH AND DEVELOPMENT

For necessary expenses, not otherwise provided for, including research, development, operations, services, minor construction, maintenance, repair, rehabilitation and modification of real and personal property; tracking and data relay satellite services as authorized by law; and purchase, hire, maintenance, and operation of other than administrative aircraft, necessary for the conduct and support of aeronautical and space research and development activities of the National Aeronautics and Space Administration, $2,761,425,000, to remain available until expended.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1152

 90 STAT. 1102

PUBLIC LAW 94-378--AUG. 9, 1976 CONSTRUCTION OF FACILITIES

For construction, rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and for facility planning and design not otherwise provided, for the National Aeronautics and Space Administration, and for the acquisition or condemnation of real property, as authorized by law, $118,090,000, to remain available for obligation until September 30, 1979: Provided, That, notwithstanding the limitation on the availability of funds appropriated under this head by this appropriation Act, when any activity has been initiated by the incurrence of obligations therefor, the amount available for such activity shall remain available until expended, except that this provision shall not apply to the amounts appropriated pursuant to the authorization for rehabilitation and modification of facilities, minor construction of new facilities and additions to existing facilities, and facility planning and design.

,.,

'•'-'•'--

„

'

RESEARCH AND PROGRAM MANAGEMENT

For necessary expenses of research in Government laboratories, management of programs and other activities of the National Aeronautics and Space Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); awards; hire, maintenance and operation of administrative aircraft; purchase (not to exceed nineteen for replacement only) and hire of passenger motor vehicles; and maintenance and repair of real and personal property, and not in excess of $25,000 per project for construction of new facilities and additions to existing facilities, and not in excess of $50,000 per project for rehabilitation and modification of facilities; $813,000,000: Provided, That contracts may be entered into under this appropriation for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year: Provided further, That not to exceed $35,000 of the foregoing amount shall be available for scientific consultations or extraordinary expense, to be expended upon the approval or authority of the Administrator and his determination shall be final and conclusive. NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876-1879), and the Act to establish a National Medal of Science (42 XT.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; hire of passenger motor vehicles; not to exceed $5,000 for official reception and representation expenses; not to exceed $43,500,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $710,000,000, to remain available until September 30, 1978: Provided, That receipts for scientific support services and materials furnished by the National Research Centers may be credited to this Funds to campus appropriation: Provided further, That if an institution of higher edudisrupters, prohibition.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1153

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1103

cation receiving funds hereunder determines after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has, after the date of enactment of this Act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution, then the institution shall deny any further payment to, or for the benefit of, such individual: Provided further., That of the foregoing amounts, funds available to meet minima authorized by any other Act shall be available only to the extent such funds are not in excess of amounts provided herein: Provided further, That unless otherwise specified by this appropriation, the ratio of amounts made available under this Act for a program or minima to the amounts specified for a program or minima in any other Act, for the activity for which the limitation applies, shall not exceed the ratio that the total funds appropriated in this Act bear to the total funds authorized in such Act, for the activity for which the limitation applies.

.

SCIENCE EDUCATION ACTIVITIES

For expenses necessary to carry out science education programs and activities pursuant to the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including award of graduate fellowships, services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia, and including $3,000,000 for pre-college science teacher training seminars and $1,000,000 for advanced teacher workshops, $59,000,000: Provided further.^ That of the foregoing amounts, funds available to meet minima authorized by any other Act shall be available only to the extent such funds are not in excess of amounts provided herein: Provided further.^ That unless otherwise specified by this appropriation, the ratio of amounts made available under this Act for a program or minima to the amounts specified for a program or minima in any other Act, for the activity for which the limitation applies, shall not exceed the ratio that the total funds appropriated in this Act bear to the total funds authorized in such Act, for the activity for which the limitation applies. SCIENTIFIC ACTIVITIES

(SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for scientific activities, as authorized by law, $4,600,000, to remain available until September 30, 1978: Provided, That this appropriation shall be available in addition to other appropriations to the National Science Foundation, for payments in the foregoing currencies. SELECTIVE SERVICE SYSTEM SALARIES AND EXPENSES

For expenses necessary for the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed $1,000 for official reception and representation expenses; $6,800,000: Provided., That during the current fiscal year, the President may

89-194 O—78—pt. 1

73

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1154

 90 STAT. 1104 31 USC 665.

PUBLIC LAW 94-378—AUG. 9, 1976

exempt this appropriation from the provisions of subsection (c) of section 3679 of the Revised Statutes, as amended, whenever he deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. DEPARTMENT OF THE TREASURY NEW YORK CITY SEASONAL FINANCING FUND, ADMINISTRATIVE EXPENSES

31 USC 1501

For necessary expenses in carrying out the administration of Public Law 94-143, $1,250,000.

note. VETERANS ADMINISTRATION COMPENSATION AND PENSIONS

50 USC app., note prec. 540.

For the payment of compensation, pensions, gratuities, and allowances, including burial awards, plot allowances, burial flags, headstones and grave markers, emergency and other officers' retirement pay, adjusted-service credits and certificates, and other benefits as authorized by law; and for payment of amounts of compromises or settlements under 28 U.S.C. 2677 of tort claims potentially subject to the offset provisions of 38 U.S.C. 351, and for payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, $8,153,400,000, to remain available until expended. TRANSFER OF UNEXPENDED BALANCES

The unexpended balances remaining in the Soldiers' and Sailors' Civil Relief Fund on September 30, 1976, shall be transferred to the "Compensation and pensions" account. READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, 38 USC 801 et and 33-39), $4,873,000,000, to remain available until expended, and seq., 1501 et seq., on June 1, 1977, the foregoing amount shall be reduced by $60,000,000 leoietsef, a^(j funds under this appropriation shall be available for payment 1701 ^\ *^' ' ^^^^^ ^^ *^® ^^^ °^ after the end of a month in which entitlement for 1770e«5eo' payment is earned, but advance payments may be provided when 1801 et seq!, requested. 1901 et seq.

VETERANS INSURANCE AND I N D E M N I T I E S

For military and naval insurance, national service life insurance, servicemen's indemnities, and service-disabled veterans insurance, $7,000,000, to remain available until expended. MEDICAL CARE

For expenses necessary for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities; for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Veterans Administration, including care and treatment in facilities not under the jurisdiction of the Veterans Administration, and furnishing recreational facilities, supplies and

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1155

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1105

equipment; funeral, burial and other expenses incidental thereto for beneficiaries receiving care in Veterans Administration facilities; repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the Veterans Administration, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; uniforms or allowajice therefor as authorized by law (5 U.S.C. 5901-5902); and aid to State homes as authorized by law (38 U.S.C. 641); $4,218,032,000, plus reimbursements: Provided, That allotments and transfers may be made from this appropriation to the Public Health Service of the Department of Health, Education, and Welfare, and the Army, Navy, and Air Force of the Department of Defense, for disbursements by them under the various headings of their applicable appropriations, of such amounts as are necessary for the care and treatment of beneficiaries of the Veterans Administration. MEDICAL AND PROSTHETIC

RESEARCH

For expenses necessary for carrying out programs of medical and prosthetic research and development, as authorized by law, to remain available until expended, $101,633,000, plus reimbursements.

^

MEDICAL ADMINISTUATION AND MISCELLANEOUS OPERATING EXPENSES

For expenses necessary for administration of the medical, hospital, domiciliary, construction and supply, research, employee education and training activities, as authorized by law, and for carrying out the provisions of section 5055, title 38, United States Code, relating to pilot programs and grants for exchange of medical information, $39,941,000, plus reimbursements. GENERAL OPERATING EXPENSES

For necessary operating expenses of the Veterans Administration, not otherwise provided for, including uniforms or allowances therefor, as authorized by law; not to exceed $2,500 for official reception and representation expenses; cemeterial expenses as authorized by law, purchase of ten passenger motor vehicles, for use in cemeterial operations, and hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services; $508,383,000. CONSTRUCTION OP HOSPITAL AND DOMICILIARY FACILITIES TRANSFER OF UNEXPENDED BALANCES

The unexpended balances in this account are transferred to the accounts under the heads "Construction, major projects" and "Construction, minor projects" as appropriate. CONSTRUCTION, MAJOR

PROJECTS

For constructing, altering, extending and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002 and 5004 of title 38, United States Code, including planning, architectural and engineering services, and site acquisition, where the estimated cost of a project is $1,000,000 or more, $405,681,000, to remain available until expended: Provided, That $5,800,000 shall be available

«

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1156

 90 STAT. 1106

PUBLIC LAW 94-378—AUG. 9, 1976 for construction of a research and education facility at Dallas, Texas; $10,000,000 for construction of facilities on government-owned land for a TARGET data processing center; $534,000 for design of nursing home care facilities at Wilkes-Barre, Pennsylvania; $500,000 for design of a new blind rehabilitation center and eye, ear, nose and throat clinic at Birmingham, Alabama; $3,500,000 for the design of a clinical and ambulatory care addition and renovation of existing areas at the Oklahoma City, Oklahoma, Veterans Administration Hospital; and $460,000 for the design of a new clinical building at the Mountain Home, Tennessee, Veterans Administration Hospital: Provided further, That none of these funds shall be used for any project which has not been considered and approved by the Congress in the budgetary process. CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the facilities under the jurisdiction or for the use of the Veterans Administration, including planning, architectural and engineering services, and site acquisition, or for any of the purposes set forth in sections 1004, 1006, 5001, 5002 and 5004 of title 38, United States Code, where the estimated cost of a project is less than $1,000,000, and for necessary expenses of the Office of Construction, $92,001,000, to remain available until expended. GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist the several States to construct State nursing home facilities and to remodel, modify or alter existing hospital and domiciliary facilities in State homes, for furnishing care to veterans, as authorized by law (38 U.S.C. 644 and 5031-5037), $10,000,000, to remain available until September 30, 1979. ASSISTANCE FOR H E A L T H

38 USC 5070 et seq.

MANPOWER TRAINING

INSTITUTIONS

For pilot programs for assistance in the establishment of new State medical schools, grants to affiliated medical schools, assistance to public and nonprofit institutions of higher learning, hospitals and other health manpower institutions affiliated with the Veterans Administration to increase the production of professional and other health personnel, and for expansion of Veterans Administration hospital education and training capacity as authorized by 38 U.S.C. chapter 82, $35,000,00^, to remain available until September 30, 1983. GRANTS TO THE REPUBLIC OF THE

PHILIPPINES

For payment to the Republic of the Philippines of grants as authorized by law (38 U.S.C. 631-634), $2,100,000, of which $50,000 for hospital equipment, plant, and facilities rehabilitation grants shall remain available until expended. LOAN GUARANTY REVOI>VING F U N D

38 USC 1801 et
 * ^9-

During the current fiscal year, the Loan guaranty revolving fund shall be available for expenses, but not to exceed $550,000,000, for property acquisitions, payment of participation sales insufficiencies, and other loan guaranty and insurance operations under chapter 37, title 38, United States Code, except administrative expenses, as authorized by section 1824 of such title: Provided, That the unobligated balances including retained earnings of the Direct loan revolving fund

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1157

 PUBLIC LAW 9 4 - 3 7 8 — A U G. 9, 1976

90 STAT. 1107

shall be available, during the current fiscal year, for transfer to the Loan g u a r a n t y revolving fund in such amounts as may be necessary to provide for the timely payment of obligations of such fund and the Administrator of Veterans Affairs shall not be required to pay interest on amounts so transferred after the time of such transfer. ADMINISTRATIVE PROVISIONS

Not to exceed 5 per centum of any appropriation for the current Transfer of funds, fiscal year for "Compensation and pensions", "Readjustment benefits", and "Veterans insurance and indemnities" may be transferred to any other of the mentioned appropriations, but not to exceed 10 per centum of the appropriations so augmented. Appropriations available to the Veterans Administration for the current fiscal year for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. No part of the appropriations in this Act for the Veterans Admin' istration (except the appropriations for "Construction, major projects" and "Construction, minor projects") shall be available for the -i purchase of any site for or toward the construction of any new hospital -'•' or home. No part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans, unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the Administrator of Veterans Affairs. TITLE III CORPORATIONS The following corporations and agencies, respectively, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency except as hereinafter provided. FEDERAL H O M E L O A N B A N K LIMITATION

ON

31 USC 849.

BOARD

ADMINISTRATIVE AND NONADMINISTRATIVE FEDERAL HOME LOAN BANK BOARD

EXPENSES,

Not to exceed a total of $17,100,000 shall be available for administrative expenses of the Federal H o m e Loan B a n k Board, which may procure services as authorized by 5 U.S.C. 3109, and contracts for such services with one organization may be renewed annually, and uniforms or allowances therefor in accordance with law (5 U.S.C. 5901-5902), and said amount shall be derived from funds available to the Federal Home Loan B a n k Board, including those in the Federal H o m e Loan B a n k Board, revolving fund and receipts of the Board for the current fiscal year and prior fiscal years, and the Board may utilize and may make payment for services and facilities of the Federal home loan banks, the Federal Reserve banks, the Federal Savings and L o a n Insurance Corporation, the Federal H o m e L o a n

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1158

 90 STAT. 1108

12 USC 1425a, 1426. 12 USC 1464. 15 USC 78/. 12 USC 17291730a.

12 USC 1421. 12 USC 1428a note.

PUBLIC LAW 94-378—AUG. 9, 1976

Mortgage Corporation, and other agencies of the Government (including payment for office space): Provided, That all necessary expenses in connection with the conservatorship or liquidation of institutions insured by the Federal Savings and Loan Insurance Corporation, liquidation or handling of assets of or derived from such insured institutions, payment of insurance, and action for or toward the avoidance, tennination, or minimizing of losses in the case of such insured institutions, or activities relating to section 5A(f) or 6(i) of the Federal Home Loan Bank Act, section 5(d) of the Home Owners' Loan Act of 1933, section 12(i) of the Securities Exchange Act of 1934, or section 406(c), 407, or 408 of the National Housing Act and all necessary expenses (including services performed on a contract or fee basis, but not including other personal services) in connection with the handling, including the purchase, sale, and exchange, of securities on behalf of Federal home loan banks, and the sale, issuance, and retirement of, or payment of interest on, debentures or bonds, under the Federal Home Loan Bank Act, as amended, shall be considered as non-administrative expenses for the purposes hereof: Provided further, That members and alternates of the Federal Savings and Loan Advisory Council shall be entitled to reimbursement from the Board as approved by the Board for transportation expenses incurred in attendance at meetings of or concerned with the work of such Council and may be paid in lieu of subsistence per diem not to exceed the dollar amount set forth in 5 U.S.C. 5703 (d)(1): Provided further, That expenses of any functions of supervision (except of Federal home loan banks) A^ested in or exercisable by the Board shall be considered as nonadministrative expenses: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses: Provided further, That, notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of the Board shall be incurred, allowed, and paid in accordance with the provisions of the Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421-1449): Provided further, That the nonadministrative expenses (except such part as the Board determines not to be field expense, which part shall be treated as if expenses of supervision and examination were not as such excluded from administrative expense, and except those included in the first proviso hereof) for the supervision and examination of Federal and State chartered institutions (other than special examinations determined by the Board to be necessary) shall not exceed $23,620,000. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION

12 USC 17291730a.

Not to exceed $875,000 shall be available for administrative expenses, which shall be on an accrual basis and shall be exclusive of interest paid, depreciation, properly capitalized expenditures, expenses in connection with liquidation of insured institutions or activities relating to section 406(c), 407, or 408 of the National Housing: Act, liquidation or handling of assets o.for derived from insured institutions, payment of insurance, and action for or toward the avoidance, termination, or minimizing of losses in the case of insured institutions, legal fees and expenses and payments for expenses of the Federal Home Loan Bank Board determined by said Board to be properly allocable to said Corporation, and said Corporation may utilize and may make payments for services and facilities of the Fed-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1159

 PUBLIC LAW 94-378—AUG. 9, 1976

90 STAT. 1109

eral home loan banks, the Federal Reserve banks, the Federal H o m e Loan Bank Board, the Federal Home Loan Mortgage Corporation, and other agencies of the Government: Provided, That notwithstanding any other provisions of this Act, except for the limitation in amount hereinbefore specified, the administrative expenses and other obligations of said Corporation shall be incurred, allowed, and paid in accordance with title IV of the Act of June 27, 1934, as amended (12 U.S.C. 1724-I730b). TITLE IV GENERAL

PROVISIONS

SEC. 401. W h e r e appropriations in titles I and II of this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed ten per centum above the amounts set forth therefor in the budget estimates submitted for the a p p r o p r i a t i o n s: Provided, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules: Provided further, That the limitations may be increased by the Secretary when necessary to allow for travel performed by employees of the Department of Housing and LTrban Development as a result of increased Federal Housing Administration inspection and appraisal workload. SEC. 402. Appropriations and funds available for the administrative expenses of the Department of Housing and Urban Development and the Selective Service System shall be available in the current fiscal year for purchase of uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109. SEC. 403. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal F i n a n c i n g Bank, Federal Reserve banks or any member thereof. Federal home loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-1831). SEC. 404. None of the funds provided in this Act may be used for payment, through g r a n t s or contracts, to recipients that do not share in the cost of conducting research resulting from proposals for projects not specifically solicited by the Government: Provided, That the extent of cost s h a r i n g by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. SEC. 405. N O part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 406. No part of the funds appropriated under this Act may be used by the Environmental Protection Agency to administer or promulgate, directly or indirectly, any program to tax, limit or otherwise regulate p a r k i n g that is not specifically required pursuant to subsequent legislation.

Travel expenses

Uniforms,

Legal and banking services. 31 USC 841 note. 12 USC 1749a.

Research projects.

Fiscal year limitation.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1160

 90 STAT. 1110

PUBLIC LAW 94-378—AUG. 9, 1976

SEC. 407. None of the funds provided by this Act shall be used to deny or fail to act upon, on the basis of noise contours set forth in an Air Installation Compatible Use Zone Map, an otherwise acceptable application for Federal Housing Administration mortgage insurance in connection with contruction in an area zoned for residential use in Merced County, California. SEC. 408. No funds appropriated by this Act may be expended— (1) pursuant to a certification of an officer or employee of the United States unless— (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being ss<?u. ';wv ' > made, or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and Audit (2) unless such expenditure is subject to audit by the General Accounting Office or is specifically exempt by law from such an audit. Short title. This Act may be cited as the "Department of Plousing and Urban Development—Independent Agencies Appropriation Act, 1977". Approved August 9, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1220 (Comm. on Appropriations) and No. 94-1362 (Comm. of Conference). SENATE REPORT No. 94-974 (Comm. on Appropriations). CONGRESSIONAL RECORD, VoL 122 (1976): June 22, considered and passed House. June 26, considered and passed Senate, amended. July 27, House and Senate agreed to conference report; resolved amendments in disagreement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1161

 PUBLIC LAW 94-379—AUG. 10, 1976

90 STAT. 1111

Public Law 94-379 94th Congress An Act To permit a State which no longer qualifies for hold harmless treatment under the supplemental security income program to elect to remain a food stamp cashout State upon condition that it pass through a part of the 1976 cost-ofliving increase in SSI benefits and all of any subsequent increases in such benefits.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 8 of Public Law 93-233 is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: "(d) Upon the request of the State of California the Secretary shall find, for purposes of the provisions specified in subsection (c) of this section, that the level of such State's supplementary payments of the type described in section 1616(a) of the Social Security Act has been specifically increased for any month after June 1976 so as to include the bonus value of food stamps if— "(1) the State law as in effect for such month specifically provides for increases in such payments on account of increases in the level of benefits payable under title X VI of the Social Security Act in a manner designed to assure that, whenever a cost-of-living increase in the level of benefits payable under such title X VI becomes effective for any month after June 1976, the amount of the State supplementary payment payable, for each month with respect to which such cost-of-living increase is effective, to any individual or to any individual with an eligible spouse, will be increased by such amount as is necessary to assure that— "(A) the aggregate of (i) the amount payable for such month to such individual, or to such individual with an eligible spouse, under such title XVI, and (ii) the amount payable for such month to such individual, or to such individual with an eligible spouse, under the State's supplementary payments program, will exceed, by an amount which is not less than the monthly amount of such cost-of-living increase (plus the monthly amount of any previous cost-of-living increases in the level of benefits payable under title X VI of the Social Security Act which became effective for months after June 1976) — "(B) the aggregate of the amounts which would otherwise have been payable, to such individual (or to such individual with an eligible spouse), under such title X VI and under the State's supplementary payments program for such month under the law as in effect on June 1, 1976; and "(2) such month is (A) the month of July 1976, or (B) a month thereafter which is in a period of consecutive months the first of which is July 1976 and each of which is a month with respect to which the conditions of paragraph (1) are met. As used in this subsection, the term 'cost-of-living increase in the level of benefits payable under title X VI of the Social Security Act' means an increase in benefits payable under such title X VI by reason of the

Aus- 10, 1976 [H.R. 14514]

SSI program. California supplementary payment level. 42 USC 1382e notes. 42 USC 1382e.

Definition.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1162

 90 STAT. 1112 42 USC 1382f. 42 USC 1381.

42 USC 1382e "°t^-

PUBLIC LAW 94-379—AUG. 10, 1976 operation of section 1617 of such Act; except that the cost-of-living increase in the level of benefits payable under such title X VI which became effective for the month oi July 1976 shall be deemed (for purposes of determining the amount of the required excess referred to in the matter following subparagraph (A) and preceding subparagraph (B) in paragraph (1)) to have provided an increase of $3.00 per month in the case of an individual without an eligible spouse and $4.50 per month in the case of an individual with an eligible spouse.". (b) The provision of section 8 of Public Law 93-233 redesignated as subsection (f) by subsection (a) of this section is amended by striking out "subsection (d) " and inserting in lieu thereof "subsection (e)". Approved August 10, 1976.

.*S«^

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1310 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 122 (1976): July 29, considered and passed House and Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 33: Aug. 11, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1163

 PUBLIC LAW 94-380—AUG. 12, 1976

90 STAT. 1113

Public Law 94-380 94th Congress An Act To amend the Public Health Service Act to authorize the establishment and implementation of an emergency national swine flu immunization program and to provide an exclusive remedy for personal injury or death arising out of the manufacture, distribution, or administration of the swine flu vaccine under such program.

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 Swine Flu Immunization Program of 1976". SEC. 2. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by inserting after subsection (i) the following new subsections: " (j)(l) The Secretary is authorized to establish, conduct, and support (by grant or contract) needed activities to carry out a national swine flu immunization program until August 1, 1977 (hereinafter in this section referred to as the 'swine flu program'). The swine flu program shall be limited to the following: " (A) The development of a safe and effective swine flu vaccine. "(B) The preparation and procurement of such vaccine in sufficient quantities for the immunization of the population of the States. "(C) The making of grants to State health authorities to assist in meeting their costs in conducting or supporting, or both, programs to administer such vaccine to their populations, and the furnishing to State health authorities of sufficient quantities of such swine flu vaccine for such programs. "(D) The furnishing to Federal health authorities of appropriate quantities of such vaccine. " (E) The conduct and support of training of personnel for immunization activities described in subparagraphs (C) and (D) of this paragraph and the conduct and support of research on the nature, cause, and effect of the influenza against which the swine flu vaccine is designed to immunize, the nature and effect of such vaccine, immunization against and treatment of such influenza, and the cost and effectiveness of immunization programs against such influenza. " (F) The development, in consultation with the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, and implementation of a written informed consent form and procedures for assuring that the risks and benefits from the swine flu vaccine are fully explained to each individual to whom such vaccine is to be administered. Such consultation shall be completed within two weeks after enactment of this Act, or by September 1, 1976, whichever is sooner. Such procedures shall include the information necessary to advice individuals with respect to their rights and remedies arising out of the administration of such vaccine. "(G) Such other activities as are necessary to implement the swine flu program.

Aug. 12, 1976 [S. 3735]

National Swine Flu Immunization Program of 1976. 42 USC 201 note.

Grants.

Informed consent form and procedures.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1164

 90 STAT. 1114 Reports to Congress.

PUBLIC LAW 9 4 - 3 8 0 — A U G. 12, 1976

" (2) The Secretary shall submit quarterly reports to the Congress on the administration of the swine flu program. E a c h such report shall provide information on— " (A) the current supply of the swine flu vaccine to be used in the program; " (B) the number of persons inoculated with such vaccine since the last report was made under this paragraph and the immune status of the population; " (C) the amount of funds expended for the swine flu program by the United States, each State, and any other entity particip a t i n g in the program and the costs of each such participant which are associated with the program, during the period with respect to which the report is m a d e; and " (D) the epidemiology of influenza in the United States during such period. Contracts. " (3) Any contract for procurement by the United States of swine flu vaccine from a manufacturer of such vaccine shall (notwithstanding any other provision of law) be subject to renegotiation to eliminate any profit realized from such procurement (except that with respect to vaccine against the strain of influenza virus known as influenza A / V i c to r i a / 7 5 profit shall be allowed but limited to an amount not exceeding a reasonable profit), as determined pursuant to criteria prescribed by the Secretary, and the contract shall expressly so proInsurance vide. Such criteria shall specify that any insurance premium amount premium which is included in the price of such procurement contract and amounts, refund. which is refunded to the manufacturer under any retrospective, experience-rating plan or similar rating plan shall in t u r n be refunded to the United States. " (4) No funds are authorized to be appropriated to carry out the activities of the swine flu program authorized in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) of this subsection in addition to the funds appropriated by Public Law 94—266. Ante, p. 362. " (k)(l)(A) The Congress finds that— Claims against the United States. " (i) in order to achieve the participation in the program of the agencies, organizations, and individuals who will manufacture, distribute, and administer the swine flu vaccine purchased and used in the swine flu program and to assure the availability of such vaccine in interstate commerce, it is necessary to protect such agencies, organizations, and individuals against liability for other than their own negligence to persons alleging personal injury or death arising out of the administration of such vaccine; I«*?s: " ( i i) to provide such protection and to establish an orderly procedure for the p r o m p t and equitable handling of claims by persons alleging such injury or death, it is necessary that an exclusive remedy for such claimants be provided against the United States because of its unique role in the initiation, planning, and administration of the swine flu program; and " ( i i i) in order to be prepared to meet the potential emergency of a swine flu epidemic, it is necessary that a procedure be instituted for the handling of claims by persons alleging such injury or death until Congress develops a permanent approach for handling claims arising under program s of the Public Health 42 USC 201 note. Service Act.

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Author:Albert Vickers Bryan

Works

 * Doe v. Commonwealth's Atty. for City of Richmond

title: Author:Albert Vickers Bryan


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/1165

 PUBLIC LAW 94-380—AUG. 12, 1976

90 STAT. 1115

"(B) To— "(i) assure an orderly procedure for the prompt and equitable handling of any claim for personal injury or death arising out of the administration of such vaccine; and "(ii) achieve the participation in the swine flu program of (I) the manufacturers and distributors of the swine flu vaccine, (II) public and private agencies or organizations that provide inoculations without charge for such vaccine or its administration and in compliance with the informed consent form and procedures requirements prescribed pursuant to subparagraph (F) of paragraph (1) of this subsection, and ( III) medical and other health personnel who provide or assist in providing inoculations without charge for such vaccine or its administration and in compliance with such informed consent form and procedures requirements, it is the purpose of this subsection to establish a procedure under which all such claims will be asserted directly against the United States under section 1346(b) of title 28, United States Code, and chapter 171 of such title (relating to tort claims procedure) except 28 USC 2671 et as otherwise specifically provided in this subsection. seq. "(2)(A) The United States shall be liable with respect to claims Liability, submitted after September 30, 1976 for personal injury or death arising out of the administration of swine flu vaccine under the swine flu program and based upon the act or omission of a program participant in the same manner and to the same extent as the United States would be liable in any other action brought against it under such section 1346(b) and chapter 171, except that— "(i) the liability of the United States arising out of the act or omission of a program participant may be based on any theory of liability that would govern an action against such program participant under the law of the place where the act or omission occurred, including negligence, strict liability in tort, and breach of warranty; "(ii) the exceptions specified in section 2680(a) of title 28, United States Code, shall not apply in an action based upon the act or omission of a program participant; and "(iii) notwithstanding section 2401(b) of title 28, United Administrative States Code, if a civil action or proceeding for personal injury claim, filing or death arising out of the administration of swine flu vaccine deadline. under the swine flu program is brought within two years of the date of the administration of such vaccine and is dismissed because the plaintiff in such action or proceeding did not file an administrative claim with respect to such injury or death as required by such chapter 171, the plaintiff in such action or proceeding shall have 30 days from the date of such dismissal or two years from the date the claim arose, whichever is later, in which to file such administrative claim. "(B) For purposes of this subsection, the term 'program par- "Program ticipant' as to any particular claim means the manufacturer or dis- participant." tributor of the swine flu vaccine used in an inoculation under the swine flu program, the public or private agency or organization that provided an inoculation under the swine flu program without charge for such vaccine or its administration and in compliance with the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1166

 90 STAT. 1116

Attorney General, civil action defense.

PUBLIC LAW 94-380—AUG. 12, 1976

informed consent form and procedures requirements prescribed pursuant to subparagraph (F) of paragraph (1) of this subsection, and the medical and other health personnel who provided or assisted in providing an inoculation under the swine flu program without charge for such vaccine or its administration and in compliance with such informed consent form and procedures requirements. "(3) The remedy against the United States prescribed by paragraph (2) of this subsection for personal injury or death arising out of the administration of the swine flu vaccine under the swine flu program shall be exclusive of any other civil action or proceeding for such personal injury or death against any employee of the Government (as defined in section 2671 of title 28, United States Code) or program participant whose act or omission gave raise to the claim. " (4) The Attorney General shall defend any civil action or proceeding brought in any court against any employee of the Government (as defined in such section 2671) or program participant (or any liability insurer thereof) based upon a claim alleging personal injury or death arising out of the administration of vaccine under the swine flu program. Any such person against whom such civil action or proceeding is brought shall deliver all process served upon him (or an attested true copy thereof) to whoever is designated by the Secretary to receive such papers, and such person shall promptly furnish copies of the pleadings and process therein to the United States attorney for the district embracing the place wherein the civil action or proceeding is brought, to the Attorney General, and to the Secretary. "(5)(A) Upon certification by the Attorney General that a civil action or proceeding brought in any court against any employee of the Government (as defined in such section 2671) or program participant is based upon a claim alleging personal injury or death arising out of the administration of vaccine under the swine flu program, such action or proceeding shall be deemed an action against the United States under the provisions of title 28, United States Code, and all references thereto. If such action or proceeding is brought in a district court of the United States, then upon such certification the United States shall be substituted as the party defendant. "(B) Upon a certification by the Attorney General under subparagraph (A) of this paragraph with respect to a civil action or proceeding commenced in a State court, such action or proceeding shall be removed, without bond at any time before trial, by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and be deemed an action brought against the United States under the provisions of title 28, United States Code, and all references thereto; and the United States shall be substituted as the party defendant. The certification of the Attorney General with respect to program participant status shall conclusively establish such status for purposes of such initial removal. Should a district court of the United States determine on a hearing on a motion to remand held before a trial on the merits that an action or proceeding is not one to which this subsection applies, the case shall be remanded to the State court. "(C) Where an action or proceeding under this subsection is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1167

 PUBLIC LAW 94-380—AUG. 12, 1976 by any other law, the action or proceeding shall be dismissed, but in that event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this subsection. "(6) A program participant shall cooperate with the United States in the processing or defense of a claim or suit under such section 1346(b) and chapter 171 based upon alleged acts or omissions of the program participant. Upon the motion of the United States or any other party, the status as a program participant shall be revoked by the district court of the United States upon finding that the program participant has failed to so cooperate, and the court shall substitute such former participant as the party defendant in place of the United States and, upon motion, remand any such suit to the court in which it was instituted. " (7) Should payment be made by the United States to any claimant bringing a claim under this subsection, either by way of administrative settlement or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover for that portion of the damages so awarded or paid, as well as any costs of litigation, resulting from the failure of any program participant to carry out any obligation or responsibility assumed by it under a contract with the United States in connection with the program or from any negligent conduct on the part of any program participant ,in carrying out any obligation or responsibility in connection with the swine flu program. The United States may maintain such action against such program participant in the district court of the United States in which such program participant resides or has its principal place of business. "(8) Within one year of the date of the enactment of the National Swine Flu Immunization Program of 1976, and semiannually thereafter, the Secretary shall submit to the Congress a report on the conduct of settlement and litigation activities under this subsection, specifying the number, value, nature, and status of all claims made thereunder, including the status of claims for recovery made under paragraph (7) of this subsection and a detailed statement of the reasons for not seeking such recovery. "(1) For the purposes of subsections (j) and (k) of this section— "(1) the phrase 'arising out of the administration' with reference to a claim for personal injury or death under the swine flu program includes a claim with respect to the manufacture or distribution of such vaccine in connection with the provision of an inoculation using such vaccine under the swine flu program; "(2) the term 'State'includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust "(3) the term 'swine flu vaccine' means the vaccine against the strain of influenza virus known as influenza A/New Jersey/76 (Hsw I N l), or a combination of such vaccine and the vaccine against the strain of influenza virus known i as influenza A/Victoria/75.".
 * Territory of the Pacific Islands; and

90 STAT. 1117

Cooperation, 28 USC 1346, 2671 et seq.

Payment,

Report to Congress,

Definitions.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1168

 9 0 STAT. 1118 Study. 42 USC 247b °°*®' Report to Congress.

^

PUBLIC LAW 9 4 - 3 8 0 — A U G. 12, 1976

SEC. 3. The Secretary of Health, Education, and Welfare shall conduct, or provide for the conduct of, a study of the scope and extent of liability for personal injuries or death arising out of immunization programs and of alternative approaches to providing protection against such liability (including a compensation system) for such injuries. W i t h i n one year of the date of the enactment of this Act, the Secretary shall report to the Congress the findings of such study and such recommendations for legislation (including proposed drafts to carry out such recommendations) as the Secretary deems appropriate. Approved August 12, 1976.

rorJ«u

LEGISLATIVE HISTORY:

.

SENATE REPORT No. 94-1147 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 10, considered and passed Senate and House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 33: Aug. 12, Presidential statement.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1169

 PUBLIC LAW 94-381—AUG. 12, 1976

90 STAT. 1119

Public Law 94-381 94th Congress An Act To improve judicial machinery by amending the requirement for a three-judge court in certain cases and for other purposes.

Aug. 12, 1976 [S. 537]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2281 U.S. District Courts. of title 28, United States Code, is repealed. SEC. 2. That section 2282 of title 28, United States Code, is repealed. Three-judge court SEC. 3. That section 2284 of title 28, United States Code, is amended requirement for certain actions. to read as follows: Repeal. "2284. Three-judge court; when required; composition; procedure Repeal. "(a) A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body. "(b) In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows: " (1) Upon the filing of a request for three judges, the judge to whom Notification the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding. "(2) If the action is against a State, or officer or agency thereof, at Notice and least five days' notice of hearing of the action shall be given by reg- hearing, istered or certified mail to the Governor and attorney general of the State. The hearing shall be given precedence and held at the earliest practicable day. "(3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction, A single judge shall not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment.". SEC. 4. The analysis of chapter 155 of title 28, United States Code, is amended to read as follows: "Sec. "2281. "2282. "2283. "2284.

Repealed. Repealed. Stay of State court proceedings. Three-judge district court; when required; composition; procedure.".

-194 O—78—pt. 1

74

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1170

 90 STAT. 1120

28 USC 2284 °ote.

PUBLIC LAW 94-381—AUG. 12, 1976 SEC. 5. (a) Section 2403 of title 28, United States Code is amended— (1) by inserting the subsection " (a) " immediately before "In" and (2) by adding at the end thereof the following new subsection: "(b) In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The State shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality.", (b) The catchline to section 2403 of title 28, United States Code, is amended to read as follows: ^§ 2403. Intervention by United States or a State; constitutional question*'. SEC. 6. Item 2403 of the analysis of chapter 161, of title 28, United States Code, is amended to read as follows: "2403. Intervention by United States or a State; constitutional question.". SEC. 7. This Act shall not apply to any action commenced on or before the date of enactment. Approved August 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1379 accompanying H.R. 6150 (Coram, on the Judiciary). SENATE REPORT No. 94-204 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): June 20, considered and passed Senate. Vol. 122 (1976): Aug. 2, considered and passed House, in lieu of H.R. 6150.

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