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 PUBLIC LAW 94-431—SEPT. 30, 1976 rity of the United States and, in connection therewith, may acquire, construct, convert, reliabilitate, or install permanent or temporary public works, including land acquisition, site preparation appurtenances, utilities, and equipment, in the total amount of $10,000,000, The Secretary of Defense, or his designee, shall notify the Committee on Armed Services of the Senate and House of Representatives, immediately upon reaching a final decision to implement, of the cost of construction of unj public work undertaken under this section, including real estate actions pertaining thereto.

90 STAT. 1359

Congressional committees, notification.

TITLE V—MILITARY FAMILY HOUSING AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING

SEC, 501, (a) The Secretary of Defense, or his designee, is author- Secretary of ized to construct or acquire sole interest in existing family housing HUD, units in the numbers and at the locations hereinafter named, but no consultation. family housing construction shall be commenced at any such locations in the United States until the Secretary has consulted with the Secretary of the Department of Housing and Urban Development as to the availability of suitable private housing at such locations. If agree- Congressional ment cannot be reached with respect to the availability of suitable committees, private housing at any location, the Secretary of Defense shall notify notification. the Committees on Ai'med Services of the Senate and the House of Representatives, in writing, of such difference of opinion, and no contract for construction at such location shall be entered into for a period of thirty days after such notification has been given. This authority shall include the authority to acquire land, and interests in land, by gift, purchase, exchange of Government-owned land, or otherwise. (b) With respect to the family housing units authorized to be constructed by this section, the Secretary of Defense is authorized to acquire sole interest in privately owned or Department of Housing and Urban Development held family housing units in lieu of constructing all or a portion of the family housing authorized by this section, if he, or his designee, determines such action to be in the best interests of the United States; but any family housing units acquired under authority Cost limitation. of this subsection shall not exceed the cost limitations specified in this section for the project nor the limitations on size specified in section 2684 of title 10, United States Code, In no case may family housing Restrictions. units be acquired under this subsection through the exercise of eminent domain authority; and in no case may family housing units other than those authorized by this section be acquired in lieu of construction unless the acquisition of such units is hereafter specifically authorized by law, (c) Family housing units: Fort Polk, Louisiana, six hundred fifty-two units, $25,510,000, Naval Complex, Bangor, Washington, two hundred forty-two units, $9,375,000. Naval Station, Keflavik, Iceland, one hundred sixty units, $17,200,000. Gila Bend Air Force Auxiliary Field, Arizona, forty units, $1,676,000. (d) Any amount specified in this section may, at the discretion of the Secretary of Defense, or his designee, be increased by 10 per centum, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time the request for such amount was sub-

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 90 STAT. 1360

PUBLIC LAW 94-431--SEPT. 30, 1976 mitted to the Congress. The amounts authorized include the costs of shades, screens, ranges, refrigerators, and all other installed equipment and fixtures, the cost of the family housing unit, design, supervision, inspection, overhead, land acquisition, site preparation, and installation of utilities. ALTERATIONS OF EXISTING QUARTERS

SEC. 502. The Secretary of Defense, or his designee, is authorized to accomplish alterations, additions, expansions, or extensions, not otherwise authorized by law, to existing public quarters at a cost not to exceed— (1) for the Department of the Army, $12,000,000 for energy conservation projects; (2) for the Department of the Navy, $7,000,000 for energy conservation projects; and (3) for the Department of the Air Force, $6,890,000 for energy conservation projects. RENTAL. QUARTERS

SEC. 503. (a) Section 515 of Public Law 84^161 (69 Stat. 324, 352), as amended, is further amended by revising the third sentence to read as follows: "Expenditures for the rental of such housing facilities, including the cost of utilities and maintenance and operation, may not exceed: For the United States (other than Alaska, Hawaii, and Guam) and Puerto Rico, an average of $265 per month for each military department or the amount of $450 per month for any unit; and for Alaska, Hawaii, and Guam, an average of $335 per month for each military department, or the amount of $450 per month for any one unit.". (b) Section 507(b) of Public Law 93-166 (87 Stat. 661, 676) is amended by striking out "$380" and "$670" in the first sentence and inserting in lieu thereof "$405" and $700", respectively.

10 USC 2674 note.

SETTLEMENT OF CLAIMS

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,

SEC. 504. Notwithstanding the provisions of any other law: (1) The Secretary of the Navy is authorized to settle claims regarding construction of public quarters at the Naval Station, Charleston, South Carolina, in the amount of $1,675,000. (2) The Secretary of the Air Force is authorized to settle claims regarding construction of mobile home facilities at MacDill Air Force Base, Florida, in the amount of $88,000, plus interest at 8% per centum from April 23, 1975, the date of settlement. HOUSING, APPROPRIATIONS LIMITATIONS

SEC. 505. There is authorized to be appropriated for use by the Secretary of Defense or, his designee, for military family housing as authorized by law for the following purposes: (1) For construction or acquisition of sole interest in family housing, including demolition, authorized improvements to public quarters, minor construction, relocation of family housing, rental guarantee payments, and planning, an amount not to exceed $80,576,000. (2) For support of military family housing, including operating expenses, leasing, maintenance of real property, payments of principal and interest on mortgage debts incurred, payment to the Commodity Credit Corporation, and mortgage insurance premi-

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 PUBLIC LAW 94-431—SEPT. 30, 1976

90 STAT. 1361

ums authorized under section 222 of the National Housing Act, as amended (12 U.S.C. I7l5ni), an amount not to exceed $1,223,947,000. TITLE VI—GENERAL PROVISIONS WAIVER OF RESTRICTIONS

SEC. 601. The Secretary of each military department may proceed to establish or develop installations and facilities under this Act without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on land includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned land, or otherwise. APPROPRIATIONS LIMITATIONS

SEC. 602. There are authorized to be appropriated such sums as may be necessary for the purposes of this Act, but appropriations for public works projects authorized by title I, II, III, IV, and V shall not / GXC66Q.^^

(1) for title I: Inside the United States, $419,837,000; outside the United States, $164,661,000; or a total of $584,498,000. (2) for title II: Inside the United States, $481,580,000; outside the United States, $19,356,000; or a total of $500,936,000. (3) for title III: Inside the United States, $679,759,000; outside the United States, $56,650,000; or a total of $736,409,000. (4) for title IV: A total of $32,946,000. (5) for title V: Military Family Housing, $1,304,523,000. C O S T VARIATIONS

SEC. 603. (a) Except as provided in subsections (b) and (c), any amount specified in titles I, II, III, and IV of this Act may, at the discretion of the Secretary of the military department or Director of the defense agency concerned, be increased by 5 per centum when inside the United States (other than Hawaii and Alaska) and by 10 per centum when outside the United States or in Hawaii and Alaska, if he determines that such increase (1) is required for the sole purpose of meeting unusual variations in cost, and (2) could not have been reasonably anticipated at the time the request for such amount was submitted to the Congress. (b) When the amount named for any construction or acquisition in title I, II, III, or IV of this Act involves only one project at any military installation and the Secretary of the military department or Director of the defense agency concerned determines that the amount authorized must be increased by more than the applicable percentage prescribed in subsection (a), he may proceed with such construction or acquisition if the amount of the increase does not exceed by more than 25 per centum the amount named for such project by the Congress.

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 90 STAT. 1362 Report to congressional committees.

Cost limitation.

Report to congressional committees.

Annual report to Congress.

PUBLIC LAW 94-431—SEPT. 30, 1976 (c) When the Secretary of Defense determines that any amount named in title I, II, III, or IV of this Act must be exceeded by more than the percentages permitted in subsections (a) or (b) to accomplish authorized construction or acquisition, the Secretary of the military department or Director of the defense agency concerned may proceed with such construction or acquisition after a wr'tten report of the facts relating to the increase of such amount, including a statement of the reasons for such increase, has been submitted to the Committees on Armed Services of the Senate and House of Representatives, and either (1) thirty days have elapsed from date of submission of such report, or (2) both committees have indicated approval of such construction or acquisition. Notwithstanding any provision to the contrary in prior military construction authorizations Acts, the provisions of this subsection shall apply to such prior Acts. (d) Notwithstanding the foregoing provisions of this section, the total cost of all construction and acquisition in each such title may not exceed the total amount authorized to be appropriated in that title. (e) No individual project authorized under title I, II, III, or IV of this Act for any specifically listed military installation for which the current working estimate is $400,000 or more may be placed under contract if— (1) the approved scope of the project is reduced in excess of 25 per centum; or (2) the current working estimate, based upon bids received, for the construction of such project exceeds by more than 25 per centum the amount authorized for such project by the Congress, until a written report of the facts relating to the reduced scope or increased cost of such project, including a statement of the reasons for such reduction in scope or increase in cost, has been submitted to the Committees on Armed Services of the Senate and House of Representatives and either (A) thirty days have elapsed from the date of submission of such report, or (B) both committees have indicated approval of such reduction in scope or increase in cost, as the case may be. (f) The Secretary of Defense shall submit an annual report to the (Congress identifying each individual project which has been placed under contract in the preceding twelve-month period and with respect to which the then current working estimate of the Department of Defense based upon bids received for such project exceeded the amount authorized by the Congress for that project by more than 25 per centum. The Secretary shall also include in such report each individual project with respect to which the scope was reduced by more tlian 25 per centum in order to permit contract award within the available authorization for such project. Such report shall include all pertinent cost information for each individual project, including the amount in dollars and percentage by which the current working estimate based on the contract price for the project exceeded the amount authorized for such project by the Congress. CONSTRUCTION

SUPERVISION

SEC. 604. Contracts for construction made by the United States for performance within the United States and its possessions under this Act shall be executed under the jurisdiction and supervision of the Corps of Engineers, Department of the Army, or the Naval Facilities Engineering Command, Department of the Navy, or such other department or Government agency as the Secretaries of the military

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 PUBLIC LAW 94-431—SEPT. 30, 1976 departments recommend and the Secretary of Defense approves to assure the most efficient, expeditious, and cost-effective accomplishment of the construction herein authorized. The Secretaries of the military departments shall report annually to the President of the Senate and the Speaker of the House of Representatives a breakdown of the dollar value of construction contracts completed by each of the several construction agencies selected together with the design, construction supervision, and overhead fees charged by each of the several agents in the execution of the assigned construction. Further, such contracts (except architect and engineering contracts which, unless specifically authorized by the Congress, shall continue to be awarded in accordance with presently established procedures, customs, and practice) shall be awarded, insofar as practicable, on a competitive basis to the lowest responsible bidder, if the national security will not be impaired and the award is consistent w4th chapter 137 of title 10, United States Code. The Secretaries of the military departments shall report annually to the President of the Senate and Speaker of the House of Representatives with respect to all contracts awarded on other than a competitive basis to the lowest responsible bidder. Such reports shall also show, in the case of the ten architect-engineering firms which, in terms of total dollars, were awarded the most business; the names of such firms; the total number of separate contracts awarded each such firm; and the total amount paid or to be paid in the case of each such action under all such contracts awarded such firm. REPEAL o r

PRIOR AUTHORIZATIONS;

90 STAT. 1363

Report to Congress.

10 USC 2301 ef seq. Reports to Congress,

EXCEPTIONS

SEC. 605. (a) As of January 1, 1978, all authorizations for military public works, including family housing to be accomplished by the Secretary of a military department, in connection with the establishment or development of installations and facilities, and all authorizations for appropriations therefor, that are contained in titles I, II, III, IV, and V of the Act of October 7, 1975, Public Law 94-107 (89 Stat. 546), and all such authorizations contained in Acts approved before October 7, 1975, and not superseded or otherwise modified by a later authorization are repealed except— Exceptions. (1) authorizations for public works and for appropriations therefor that are set forth in those Acts in the titles that contain the general provisions; (2) authorizations for public works projects as to which appropriated funds have been obligated for construction contracts, land acquisition, or payments to the North Atlantic Treaty Organization, in whole or in part, before January 1, 1978, and authorizations for appropriations therefor. (b) ISTotwithstanding the repeal provisions of section 605 of the Act of October 7, 1975, Public Law 94-107 (89 Stat. 546, 565), authorizations for the following items shall remain in effect until January 1, 1979: (1) Defense Satellite Communications System construction in the amount of $1,054,000 at Stuttgart, Germany, authorized in section 101 of the Act of December 27, 1974 (88 Stat. 1747), as amended. (2) Cold storage warehouse construction in the amount of $1,215,000 at Fort Dix, New Jersey, authorized in section 101 of the Act of October 25, 1972 (86 Stat. 1135), as amended and extended in section 605(3)(B) of the Act of December 27, 1974 (88 Stat. 1762), as amended.

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 90 STAT. 1364

PUBLIC LAW 94-431—SEPT. 30, 1976 (3) Land acquisition, Murphy Canyon in the amount of $3,843,000 at Naval Regional Medical Center, San Diego, California, authorized in section 201 of the Act of December 27, 1974 (88 Stat. 1750), as amended. (4) Land acquisition in the amount of $800,000 at Naval Security Group Activity, Sabana Seca, Puerto Rico, authorized in section 201 of the Act of December 27, 1974 (88 Stat. 1750), as amended. U N I T COST LIMITATIONS

SEC. 606, None of the authority contained in titles I, II, III, and IV of this Act shall be deemed to authorize any building construction project inside the United States in excess of a unit cost to be determined in proportion to the appropriate area construction cost index, based on the following unit cost limitations where the area construction index is 1.0: (1) $39 per square foot for permanent barracks; (2) $42 per square foot for bachelor officer quarters; unless the Secretary of Defense, or his designee, determines that because of special circumstances application to such project of the limitations on unit costs contained in this section is impracticable. Notwithstanding the limitations contained in prior Military Construction Authorization Acts on unit costs, the limitations on such costs contained in this section shall apply to all prior authorizations for such construction not heretofore repealed and for which construction contracts have not been awarded by the date of enactment of this Act. INCREASES FOR SOLAR HEATING AND SOLAR COOLING EQUIPMENT

,:.•!:

SEC. 607. The Secretary of Defense shall encourage the utilization of solar energy as a source of energy for projects authorized by this Act where utilization of solar energy would be practical and economically feasible. In addition to all other authorized variations of cost limitations or floor area limitations contained in this Act or prior Military Construction Authorization Acts, the Secretary of Defense, or his designee, may permit increases in the cost limitations or floor area limitations by such amounts as may be necessary to equip any projects with solar heating and/or solar cooling equipment. LAND CONVEYANCE, N E W JERSEY

SEC, 608. (a) The Secretary of the Navy is authorized to convey, without consideration, to the Airship Association, a nonprofit organization incorporated under the laws of the State of New Jersey, all right, title, and interest of the United States in and to that portion of the lands comprising the Naval Air Station, Lakehurst, New Jersey, described in subsection (b), for use as a permanent site for the museum described in subsection (c), subject to conditions of use set forth in such subsection. (b) The land authorized to be conveyed by subsection (a) is a certain parcel of land containing 13.98 acres, more or less, situated in Ocean County, New Jersey, being a part of the Naval Air Station, Lakehurst, New Jersey, and more particularly described as follows: Beginning at a point on the westerly side of Ocean County Route Numbered 547, 205.40 feet northerly from the intersection of the center line of new road and the westerly side of Route

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 PUBLIC LAW 94^31—SEPT. 30, 1976 Numbered 547 thence (1) north 10 degrees 14 minutes 19 seconds east, 770,25 feet along the westerly edge of road to a point thence (2) north 66 degrees 35 minutes 41 seconds west, 724.55 feet to a point thence (3) south 23 degrees 24 minutes 19 seconds west, 750 feet to a point thence (4) south 66 degrees 35 minutes 41 seconds east, 900 feet to the point and place of beginning. (c) The conveyance authorized by subsection (a) shall be subject to the following conditions and such other terms and conditions as the Secretary of the Navy, or his designee, shall determine necessary to protect the interests of the United States; (1) The lands so conveyed shall be used primarily for the construction and operation of an airship museum to collect, preserve, and display to the public materials, memorabilia, and other items of historical significance and interest relative to the development and use of the airship, and for purposes incidental thereto. (2) All right, title, and interest in and to such lands, and any improvements constructed thereon, shall revert to the United States, which shall have an immediate right of entry thereon, if the construction of the airship museum is not undertaken within five years from the date of such conveyance or if the lands conveyed shall cease to be used for the purposes specified in paragraph (1). (3) All expenses for surveys and the preparation and execution of legal documents necessary or appropriate to carry out the provisions of this section shall be boine by the Airship Association.

90 STAT. 1365 '

r '

^

LAND CONVEYANCE, WEST VIRGINIA

SEC. 609. Notwithstanding any other provisions of law, the Secretary of Defense, or his designee, is authorized to convey to the city of South Charleston, West Virginia, subject to such terms and conditions as the Secretary shall deem to be in the public interest, all right, title, and interest of the United States in and to a section of land located on the property formerly known as the South Charleston Naval Ordnance Plant, with improvements, such land consisting of approximately 4.5 acres. In consideration of such conveyance by the Secretary, the city of South Charleston shall convey to the United States unencumbered fee title to eight acres of land owned by the municipality, improved in a manner acceptable to the Secretary, and subject to such other conditions as are acceptable to the Secretary. The fexact acreages and legal descriptions of both properties are to be determined by accurate surveys as mutually agreed upon by the Secretary and the city of South Charleston. The Secretary is authorized to accept the lands so conveyed to the United States, which lands shall be administered by the Department of the Army. STUDIES OF REUSE OF MILITARY BASES

SEC. 610. (a) Whenever a final decision has been made to close any 10 USC 133 note, military installation located in the United States, Guam, or Puerto Rico and, because of the location, facilities, and other particular characteristics of such installation, the Secretary of Defense determines that such installation may be suitable for some specific Federal or State use potentially beneficial to the Nation, the Secretary of Defense is authorized to conduct such studies, including, but not limited to, the preparation of an environmental impact statement in accordance

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 90 STAT. 1366 42 USC 4321 note.

"Military installation."

PUBLIC LAW 94-431—SEPT. 30, 1976 with the National Environmental Policy Act of 1969, in connection with such installation and such potential use as may be necessary to provide information sufficient to make sound conclusions and recommendations regarding the possible use of such installation. (b) Any study conducted under authority of this section shall be submitted to the President and the Congress together with such comments and recommendations as the Secretary of Defense may deem appropriate. Such studies shall also be available to the public. (c) As used in this section, the term "military installation" includes any camp, post, station, base, yard, or other installation under the jurisdiction of any military department. (d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. IMPACT ASSISTANCE, NOXPROFIT COOPERATI'V'ES

SEC. 611. Notwithstanding section 7 of the Act of August 23, 1912 (31 U.S.C. 679), the Secretary of Defense is authorized to use any funds appropriated to carry out the provisions of section 610 of the Military Construction Act, 1971 (84 Stat. 1224), to reimburse nonprofit, mutual aid telephone cooperatives for their capital expenditures for the purchase and installation of nontactical communications equipment and related facilities, to the extent the Secretary determines that (1) such expenditures are not otherwise recoverable by such cooperatives, (2) such expenditures were incurred as the direct result of the construction, installation, testing, and operation of the SAFEGUARD Antiballistic Missile System, and (3) such cooperatives, as a result of the deactivation and termination of such system, would sustain an unfair and excessive financial burden in the absence of the financial assistance authorized by this section. BASE REALIGNMENTS

Congress, notification.

Congress, written notification.

SEC. 612. (a) Notwithstanding any other provision of law, no funds authorized to be appropriated in this Act may be used to effect or implement— (1) the closure of any military installation; (2) any reduction in the authorized level of civilian personnel at any military installation by more than one thousand civilian personnel or 50 per centum of the level of such personnel authorized as of March 1, 1976, or the end of the fiscal year immediately preceding the fiscal year in which the Secretary of Defense or the Secretary of the military department concerned notifies the Congress that such installation is a candidate for closure or significant reduction, whichever occurs later; or (3) any construction, conversion, or rehabilitation at any other military installation (whether or not such installation is a military installation as defined in subsection (b)) which will or may be required as a result of the relocation of civilian personnel to such other installation by reason of any closure or reduction to which this section applies; unless— (A) the Secretary of Defense or the Secretary of the military department concerned notifies the Congress in writing that such military installation is a candidate for closure or significant reduction; and then

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 PUBLIC LAW 94-431—SEPT. 30, 1976

90 STAT. 1367

(B) the Secretary of Defense or the Secretary of the military department concerned complies with all terms, conditions and requirements of the National Environmental Policy Act; and 42 USC 4321 then note. (C) the Secretary of Defense or the Secretary of the military Final decision, department concerned submits to the Committees on Armed Serv- submittal to congressional ices of the House of Representatives and the Senate his final deci- committees. sion to close or significantly reduce such installation and a detailed justification for his decision, together with the estimated fiscal, local economic, budgetary, environmental, strategic, and operational consequences of the proposed closure or reduction; and then (D) a period of at least sixty days expires following the date on which the justification referred to in clause (C) has been submitted to such committees, during which period the Secretary of Defense or the Secretary of the military department concerned may take no irrevocable action to implement the decision. (b) For purposes of this section, the term "military installation" "Military means any camp, post, station, base, yard, or other facility under the installation. authority of the Department of Defense— (1) which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam; and (2) at which not less than five hundred civilian personnel are authorized to be employed. (c) For purposes of this section, the term "civilian personnel" means "Civilian direct-hire permanent civilian employees of the Department of personnel." Defense. (d) This section shall not apply to any closure or reduction if the President certifies to Congress that such closure or reduction must be implemented for reasons of any military emergency or national security or if such closure or reduction was publicly announced prior to January 1, 1976. NAVAL M U S E U M, CHARLESTON, SOUTH CAROLINA

SEC. 613. The Congress hereby expresses its approval and encouragement with respect to the establishment, by the State of South Carolina, of a naval and maritime museum in the city of Charleston, South Carolina, and recognizes the historical importance of such museum and the patriotic purpose it is intended to serve. AMENDMENT TO TITLE 1 0, UNITED STATES CODE; REAL PROPERTY EXCHANGE

SEC. 614. Section 2662(a) of title 10, United States Code, is amended by adding at the end thereof a new sentence as follows: "The report required by this subsection to be submitted to the Committees on Armed Services of the Senate and House of Representatives concerning any report of excess real property described in clause (5) shall contain a certification by the Secretary concerned that he has considered the feasibility of exchanging such property for other real property authorized to be acquired for military purposes and has determined that the property proposed to be declared excess is not suitable for such purpose.". SHORT TITLE

SEC. 615. Titles I, II, III, IV, V, and VI of this Act may be cited as the "Military Construction Authorization Act, 1977".

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 90 STAT. 1368 Guard and Reserves Forces Facilities Authorization Act, 1977. 10 USC 2231 et seq.

PUBLIC LAW 94-431—SEPT. 30, 1976 TITLE VII—GUARD AND RESERVE FORCES F A C I L I T I E S AUTHORIZATION FOR FACILITIES

SEC. 701. Subject to chapter 133 of title 10, United States Code, the Secretary of Defense may establish or develop additional facilities for the Guard and Reserve Forces, including the acquisition of land therefor, but the cost of such facilities shall not exceed— (1) For the Department of the Army: (a) Army National Guard of the United States, $54,745,000. (b) Army Reserve, $44,459,000. (2) For the Department of the Navy: Naval and Marine Corps Reserves, $21,800,000. (3) For the Department of the Air Force: (a) Air National Guard of the United States, $33,900,000. (b) Air Force Reserve, $9,773,000. WAIVER OF CERTAIN RESTRICTIONS

SEC. 702. The Secretary of Defense may establish or develop installations and facilities under this title without regard to section 3648 of the Revised Statutes, as amended (31 U.S.C. 629), and sections 4774 and 9774 of title 10, United States Code. The authority to place permanent or temporary improvements on lands includes authority for surveys, administration, overhead, planning, and supervision incident to construction. That authority may be exercised before title to the land is approved under section 355 of the Revised Statutes, as amended (40 U.S.C. 255), and even though the land is held temporarily. The authority to acquire real estate or land includes authority to make surveys and to acquire land, and interests in land (including temporary use), by gift, purchase, exchange of Government-owned landj or otherwise. ,. SHORT TITLE

SEC. 703. This title may be cited as the "Guard and Reserves Forces Facilities Authorization Act, 1977". Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1371 (Comm. on Armed Services). SENATE REPORT No. 94-1233 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 15, considered and passed Senate, amended. Sept. 16, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept. 30, Presidential statement.

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 PUBLIC LAW 94-432—SEPT. 30, 1976

90 STAT. 1369

Public Law 94-432 94th Congress An Act Sept. 30, 1976 [H.R. 14298]

To amend title 38 of the United States Code to increase the rates of disability and death pension and to increase the rates of dependency and indemnity compensation for parents, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans and Survivors Pension Adjustment Act of 1976".

Veterans and Survivors Pension Adjustment Act of 1976. 38 USC 101 note.

TITLE I—EXTENSION OF CERTAIN INTERIM ADJUSTMENTS OF PENSION AND OF DEPENDENCY AND INDEMNITY COMPENSATION RATES UNTIL JANUARY 1, 1977 SEC. 101. Sections 102,103,104,105,107, 201, and 202 of Public Law 94^169 (89 Stat. 1014) are each amended by striking out "for the period beginning January 1, 1976, and ending September 30, 1976" and inserting in lieu thereof "January 1, 1976".

38 USC 521, 541, 542 note, 544 note, 521 notes, 415 note, 322 note.

TITLE II—VETERANS' AND SURVIVORS' PENSIONS

Disability determinations. Unmarried veterans. 38 USC 521.

SEC. 201. Section 502(a) of title 38, United States Code, is amended by inserting immediately after "or older" the following: "or became unemployable after age 65,". SEC. 202. Section 521 of title 38, United States Code, is amended— (1) by amending the table in section (b)(1) to read as follows: For each $1 of annual income 1 lie nioiirniy rdis oi pension ~ shall be $185 reduced by— $0.00 .03 .04 .05 .06 .07 .08

Which is more than— 0 $300 500 700 900 1,500 1,800

B u t not more than— $300 600 700 900 1,500 1,800 3,540";

(2) by striking out "$3,300 " in subsection (b)(3) and inserting in lieu thereof "$3,540) (3) by amending the table in subsection (c)(1) to read as follows: " The monthly rate of pension for a veteran shall be— $199 if he or she has one dependent; $204 if he or she has two dependents; and $209 if he or she has three or more dependents; reduced by$0.00 .02 .03 .04 .OS ^06

m .06

Married veterans

\ For each $1 of annua) income Which] s more than—

B u t not more than—

/ 0 $500 700 1.100 2,400 3,100 3,500 3,700

$500 700 1,100 2,400 3,100 3,500 3,700 4,760";

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 90 STAT. 1370 38 USC 521.

Surviving spouse with no children. 38 USC 541 note.

PUBLIC LAW 94-432—SEPT. 30, 1976

(4) by striking out "$4,500" in subsection (c)(3) and inserting in lieu thereof "$4,760"; (5) by amending subsection (d) to read as follows: "(d)(1) If the veteran is in need of regular aid and attendance, the monthly rate payable to such veteran under subsection (b) or (c) shall be increased by $155. "(2) In any case in which— "(A) any veteran is denied pension under subsection (b) or (c) of this section solely for the reason that his annual income exceeds the maxinmm income limitation set forth in such subsection, or "(B) payment of pension to any veteran under such subsection (b) or (c) is discontinued for such reason, and such veteran is in need of aid and attendance, such veteran shall be entitled to a monthly rate of $155 reduced by 16.6 per centum for each $100, or portion thereof, by which the veteran's annual income exceeds the applicable maximum annual income limitation; but no monthly rate shall be payable under this paragraph if the veteran's annual income exceeds such limitation by more than $500.". (6) by striking out "$53" in subsection (e) and inserting in lieu thereof "$57"; and (7) by adding at the end thereof the following new paragraph: "(h) The rate of pension payable to any veteran receiving benefits under subsections (b), (c), (d), and (e) of this section shall be increased by 25 per centum beginning on the first day of the month (luring which the veteran attains age 78.". SEC. 203. Section 541 of title 38, United States Code, is amended— (1) by amending the table in subsection (b)(1) to read as follows: 'The monthly rate of pension shall be $125 reduced by—

For each $1 of annual income B u t not more than—

0 $300 600 900 1,200 2,300

Surviving spouse with one child.

Which is more than—

$300 600 900 1,200 2,300 3,540"

(2) by striking out "$3,300" in subsection (b)(3) and inserting in lieu thereof "$3,540"; (3) by amending the table in subsection (c)(1) to read as follows: 'The monthly rate of pension shall be $149 reduced by— $0.00 .01 .02 .03 .04 .05

For each $1 of annual income Which is more than-

But not more than-

0 $700 1,100 1,700 2,500 3,300

$700 1,100 1,700 2,.500 3.300 4,760"

(4) by striking out "$4,500" in subsection (c)(2) and inserting in lieu thereof "$4,760"; and (5) by striking out "$22" in subsection (d) and inserting in lieu thereof "$24".

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90 STAT. 1371

SEC. 204. Section 542 of title 38, United States Code, is amended— (1) by striking out "$53" and "$22" in subsection (a) and inserting in lieu thereof "$57" and "$24", respectively; and (2) by striking out "$2,700" in subsection (c) and inserting in lieu thereof "$2,890". SEC. 205. Section 644 of title 38, United States Code, is amended by striking out "$69" and inserting in lieu thereof "$74". SEC. 206. Section 4 of Public Law 90-275 (82 Stat. 68) is amended 38 USC 521 note, to read as follows: "SEC. 4. The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans' Pension Act of 1959 hereafter shall be $3,100 and $4,460 instead of $2,900 and 38 USC 521 note. $4,200, respectively.". TITLE III—DEPENDENCY AND INDEMNITY COMPENSATION FOR PARENTS SEC. 301. Section 415 of title 38, United States Code, is amended— One parent. (1) by amending the table in subsection (b)(1) to read as 38 USC 415. follows: " The monthly rate of dependency and indemnity compen- sation shall be $ 1 ^ reduced by$0.00 .03 .04 .05

.oe .08

For each $1 of annual income Which is more than—

B u t not more than—

0 $800 1,000 1,200 1,4G0 1,600

$800 1,000 1,200 1,400 1,600 3,540";

(2) by striking out "$3,300" in subsection (b)(3) and inserting in lieu thereof "^,540"; (3) by amending the table in subsection (c)(1) to read as Two parents, follows: " The monthly rate of dependsation shall be $100 reduced by$0.00 .02 .04 .05 .06

For each $1 of annual income of such parent Which is more than—

0 $800 1,100 1,300 2,300

B u t not more than—

$800 1,100 1,300 2,300 3,540";

(4). by striking out "$3,300" in subsection (c)(3) and inserting in lieu thereof "$3,540"; (5) by amending the table in subsection (d)(1) to read as follows: "The monthly rate of dependency and indemnity compensation shall be $96 reduced by— $0.00 .02 .03 .04 .05

For each $1 of the total combined annual income Which Is more than—

0 $1,000 2,100 3,100 3,800

But not more than—

$1,000 2,100 3,100 3,800 4,760";

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90 STAT. 1372 38 USC 415.

(6) by striking out "$4,500" in subsection (d)(3) and inserting in lieu thereof "$4,760"; and (7) by striking out "$69" in subsection (h) and inserting in lieu thereof "$74". TITLE IV—MISCELLANEOUS AND EFFECTIVE DATE PROVISIONS

Dependent parents.

38 USC 3001 et seq.

SEC. 401. Section 322(b) of title 38, United States Code, is amended by striking out "$69" and inserting in lieu thereof "$74". SEC. 402. Subsection 102(a)(2) of title 38, United States Code, is amended to read as follows: "(2) Dependency of a parent shall not be denied (A) solely because of remarriage, or (B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.". SEC. 403. Chapter 51 of title 38, United States Code, is amended as follows: (1) the analysis of subchapter I is amended by adding at the end the following: "3006. Furnishing of information by other agencies."; and

38 USC 3006.

Nonserviceconnected disability or death. 38 USC 501 note. 38 USC 501 et seq.

Report to Congress and President.

(2) subchapter I is amended by adding at the end thereof the following new section: "The head of any Federal department or agency shall provide such information to the Administrator as he may request for purposes of determining eligibility for or amount of benefits, or veriiying other information with respect thereto.". SEC. 404. (a) The Congress finds and declares that the pension program for nonservice-connected disability or death, authorized in chapter 15 of title 38, United States Code, and administered by the Veterans' Administration— (1) does not provide sufficient assistance to meet the needs of some eligible veterans and survivors; (2) has developed some inconsistencies, inequities, and anomalies which prevent it from operating in the most efficient and equitable manner; and (3) subjects many pensioners annually to reductions in their pensions. The Congress further finds and declares that it lacks sufficient longrange information as to actual and anticipated financial characteristics of potential pensioners (and their families) upon which to estimate costs of existing alternative pension programs. (b) No later than October 1, 1977, the Administrator of Veterans' Affairs shall submit a report to Congress and the President. The report shall contain the findings and recommendations of a comprehensive investigation, analysis, and evaluation of existing and alternative nonservice-connected pension programs, and shall include, but not be limited to, the following: (1) Income characteristics of veterans and survivors currently in receipt of nonservice-connected pension.
 * § 3066. Furnishing of information by other agencies

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(2) Actual and anticipated long-term financial characteristics of pensioners including those veterans and survivors (and their families) who may be potentially eligible for benefits under the nonservice-connected pension program during the next 25 years. (3) Identification and analysis of existing inequities, anomalies, and inconsistencies contained in the current nonservice-connected pension program. (4) Current and proposed income exclusions. (5) Particular problems and needs of catastrophically disabled ' nonservice-connected pensioners. (6) Alternative proposals which— (A) assure a level of income for eligible veterans at or above the national minimum standard of need; (B) treat similarly circumstanced pensioners alike; and (C) provide the greatest amount of assistance to those with the greatest amount of need. (c) On the basis of the investigation, analysis, and evaluation required to be made in subsection (b), the report shall identify alternative courses of legislative or administrative action (including proposed legislation) and long-range cost estimates therefor which, in the judgment of the Administrator, would result in a more equitable nonservice-connected pension program. SEC. 405. (a) The provisions of this Act, other than titles II and III Effective dates, and section 401, shall take effect on the date of the enactment of this 38 USC 521 note. Act. (b) Titles II and III and section 401 of this Act shall take effect January 1, 1977. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1269 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): June 21, considered and passed House. Aug. 4, considered and passed Senate, amended. Sept. 9, House concurred in Senate amendment with an amendment. Sept. 20, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 40: Sept. 30, Presidential statement.

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 90 STAT. 1374

PUBLIC LAW 94-433—SEPT. 30, 1976

Public Law 94-433 94th Congress An Act Sept. 30, 1976 [H.R. 14299]

Veterans Disability Compensation and Survivor Benefits Act of 1976. 38 USC 101 note.

Rate adjustment. 38 USC 314 note. 38 USC prec. 101. 38 USC 301, et seq.

To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their survivors; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the '"Veterans Disability Compensation and Survivor Benefits Act of 1976". TITLE I—VETERANS DISABILITY COMPENSATION SEC. 101. (a) Section 314 of title 38, United States Code, is amended— (1) by striking out in subsection (a) "$35" and inserting in lieu thereof "$38'^; (2) by striking out in subsection (b) "$65" and inserting in lieu thereof "$70'^; (3) by striking out in subsection (c) "$98" and inserting in lieu thereof "$106"; (4) by striking out in subsection (d) "$134" and inserting in lieu thereof'|$145"; (5) by striking out in subsection (e) "^ " and inserting in lieu thereof "$203"; (6) by striking out in subsection (f) "^ " and inserting in lieu thereof "$255"; (7) by striking out in subsection (g) "$280" and inserting in lieu thereof "$302"; (8) by striking out in subsection (h) "$324" and inserting in lieu thereof "$350"; (9) by striking out in subsection (i) "$364" and inserting in lieu thereof "$393"; (10) by striking out in subsection (j) "$655" and inserting in lieu thereof "$707"; (11) by striking out in subsection (k) "$52" and "$814" and "$1,139" each time they appear and inserting in lieu thereof "$56" and "$879" and "$1,231", respectively; (12) by striking out in subsection (1) "$814" and inserting in lieu thereof "$879"; (13) by striking out in subsection (m) "$896" and inserting in lieu thereof "$968^'; (14) by striking out in subsection (n) "$1,018" and inserting in lieu thereof "$1,099"; (15) by striking out in subsection (o) and (p) "$1,139" each time it appears and inserting in lieu thereof "$1,231"; (16) by striking out in subsection (r) "$489" and inserting in lieu thereof "$528"; and (17) by striking out in subsection (s) " $732" and inserting in lieu thereof "$791". (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

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 PUBLIC LAW 94-433—SEPT. 30, 1976

90 STAT. 1375

SEC. 102. Section 315(1) of title 38, United States Code, as amended— (1) by striking out in subparagraph (A) "$40" and inserting in lieu thereof "$43"; (2) by striking out in subparagraph (B) "$67" and inserting in lieu thereof "$72"; (3) by striking out in subparagraph (C) "$85" and inserting in lieu thereof "$92"; (4) by striking out in subparagraph (D) "$105" and "$19" and inserting in lieu thereof "$113" and "$21", respectively; (5) by striking out in subparagraph (E) "$26" and inserting in lieu thereof "$28"; (6) by striking out in subparagraph (F) "$45" and inserting in lieu thereof "$49"; (7) by striking out in subparagraph (G) "$67" and "$19" and inserting in lieu thereof "$72" and "$21", respectively; (8) by striking out in subparagraph (H) "$32" and inserting in lieu thereof "$35" and by striking out in such subparagraph after the semicolon "and"; (9) by striking out in subparagraph (I) "$61" and inserting in lieu thereof "$66"; and (10) by redesignating subparagraph (I) as subparagraph (J) and inserting the new subparagraph (I) as follows: j " (I) notwithstanding the other provisions of this subsection, the monthly payable amount on account of a spouse who is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person, shall be $78 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this subsection; and". TITLE II—SURVIVORS, DEPENDENCY AND INDEMNITY COMPENSATION SEC. 201. Section 411 of title 38, United States Code, is amended to read as follows: spouse "(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following; table: Monthly rate Pay grade "Pay grade Monthly rate E-1 $260 W-4 $372 E-2 268 0 - 1 328 275 0 - 2 E-3 340 E-4 292 O-^ 364 E-5 300 O ^ 384 E-6 307 0 - 5 423 E-7 322 0 - 6 476 E-8 340 0 - 7 516 "355 0 - 8 E-9 565 328 0 - 9 W-1 607 W-2 341 O-IO ="664 W-3 352 " 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse's rate shall be $382. " 2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by sec. 402 of this title, the surviving spouse's rate shall be $712.
 * §411. Dependency and indemnity compensation to a surviving

Widows.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1426

 90 STAT. 1376

Children.

Children, supplemental compensation.

Study. 38 USC 410 note. 38 USC 401 et seq.

Report.

Ante, p. 1375.

—

•

.

PUBLIC LAW 94-433—SEPT. 30, 1976 " (b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $31 for each such child. "(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $78 if the spouse is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person,". SFX. 202. Section 413 of title 38, United States Code, is amended to read as follows: "Whenever there is no suriving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal sluires to the children of the deceased veteran at the following monthly rates: "(1) one child, $131; "(2) two children, $189; "(3) three children, $243; and "(4) more than three children. $243, plus $49 for each child in excess of three.". SEC. 203. Section 414 of title 38, United States Code, is amended— (1) by striking out in subsection (a) "$72" and inserting in lieu thereof "$78"; (2) by striking out in subsection (b) "$121" and inserting in lieu thereof "$131"; and (3) by striking out in subsection (c) "$62" and inserting in lieu thereof "$67". SEC. 204. (a) The Administrator shall carry out a thorough and detailed study of the dependency and indemnity compensation program authorized under chapter 13 of this title and of its beneficiaries to measure and evaluate the adequacy of benefits provided under this program and to determine whether, or to what extent, benefits should be based on the military pay grade of the person upon whose death entitlement is predicated. (b) The report of such study shall include such full statistical data as may be obtained concerning surviving spouses and dependents in receipt of dependency and indemnity compensation other than under section 415 of title 38, United States Code, and in each instance the data shall include a breakdown of the distribution of the surviving spouses and dependents amongst the pay grade levels set forth in section 411(a) of title 38, United States Code. Data concerning such surviving spouses and dependents shall include (1) full statistical information concerning the number and ages of surviving spouses and dependents, the number of surviving spouses that remarry, the number of surviving spouses with dependents, and the number of surviving spouses in receipt of aid and attendance; (2) full statistical information concerning the number of surviving spouses and the number of dependents in receipt of old-age, survivors, and disability insurance (OASDI) cash benefits and the amount and type thereof, the number of surviving spouses and the number of dependents in receipt of other Federal or State assistance and the amount and type thereof, the number of surviving spouses in receipt of State survivor benefits and the amount and type thereof to include a breakdown by State, and the numl)er of surviving spouses who work and their earnings therefrom; (3) full statistical information concerning the educational attainment of the survivor's deceased spouse; and (4) full statistical information concerning those surviving spouses whose veteran spouse was in receipt

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 PUBLIC LAW 94-433—SEPT. 30, 1976

90 STAT. 1377

of disability compensation pursuant to chapter 11 of title 38, prior to 38 USC 301 et seq. death and the rating of disability thereof. (c) The report together with such comments and recommendations Submittal to by the Administrator for improving the program as are appropriate Congress and shall be submitted to the Congress and the President not later than President. October 1, 1977. TITLE III—OTHER DISABLED VETERANS PROGRAM IMPROVEMENTS SEC. 801. Section 362 of title 38, United States Code, is amended by Clothing allowance. striking out ''$175" and inserting in lieu thereof "$190". SEC. 302. Section 806 of title 38, United States Code, is amended by Mortgage striking out in subsection (c) "$30,000," and inserting in lieu thereof Protection Life Insurance. "$40,000,". SEC. 303. Section 1901 of title 38, United States Code, is amended— (1) by striking out in paragraph (1) before the colon at the end of clause (A) "during World War II or thereafter" and inserting in lieu thereof "on or after Septeml)or 16, 1940"; and (2) by striking out in paragraph (1) before the period at the end of clause (B) "during World War II or thereafter" and inserting in lieu thereof "on or after September 16, 1940". SEC. 304. (a) Chapter 23 of title 38, United States Code, is amended by adding at the end thereof the following new" section: "§ 908. Transportation of deceased veteran to a national cemetery 38 USC 908. "Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Administrator may pay, in addition to any amount paid pursuant to section 902 or 907 of this title, the cost of transportation of the deceased veteran for burial in a national cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran's last place of residence in which burial space is available.". (b) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following: "908. Transportation of deceased veterans to a national cemetery.". TITLE IV—MISCELLANEOUS AND TECHNICAL AMENDMENTS AND EFFECTIVE DATE PROVISIONS SEC. 401. Chapter 11 of title 38, United States Code, is amended— (1) by striking out in the table of sections at the beginning of such chapter 11 "356. Minimum rating for arrested tuberculosis."; (2) by striking out in paragraph (3) of section 301 "Leprosy" and inserting in lieu thereof "Hansen's disease"; (3) by striking out in paragraph (4) of section 301 "Leprosy", and by inserting in paragraph (4) of such section "Hansen's disease" between "Filiariasis" and "Leishmaniasis, including kala-azar"; (4) by striking out in clause (o) of section 314 "in combination with total blindness with 5/200 visual acuity or less,"; and (5) by striking out in clause (r) of section 314 "3203(f)" and inserting in lieu thereof "3203(e)". SEC. 402. Section 3012(b) of title 38, United States Code, is amended—

38 USC 301.

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 90 STAT. 1378

Amputees, cardiovascular disorders, study. 38 USC 301 note.

Report to Speaker of the House and President of the Senate. 38 USC 301.

PUBLIC LAW 94-433—SEPT. 30, 1976 (1) by inserting in clause (2) "annulment," immediately before "divorce" each time it appears; and (2) by striking out in clause (9) "his" and inserting in lieu thereof "the benehciary's". SEC. 403. (a) The Administrator of Veterans' Affairs shall conduct a scientific study to determine if there is a causal relationship between the amputation of an extremity and the subsequent development of cardiovascular disorders. (b) The report of the study shall include (1) a comprehensive review and professional analysis of the literature covering other such studies conducted or underway of such relationship; and (2) an analysis of statistically valid samples of disability claims of veterans having service-connected extremity amputation matched by age, sex and war period with nonamputee veterans. (c) The report, together with such comments and recommendations as the Administrator deems appropriate, shall be submitted to the Speaker of the House and the President of the Senate not later than June 30, 1977. SEC. 404. Chapter 11 of title 38, United States Code, is further amended— (1) by striking out in clauses (A) and (B) of section 301(2) "him" and inserting in lieu thereof "such veteran"; (2) by striking out in section 302(a) "widow of a veteran under this chapter unless she was married to him" and inserting in lieu thereof "surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran"; (3) by striking out in section 302(b) "widow" each time it appears and inserting in lieu thereof "surviving spouse"; (4) by striking out in the catchline of section 302 "widows" and inserting in lieu thereof "surviving spouses"; (5) by striking out in the table of sections at the beginning of such chapter 11. "IW2. Special provisions relating to widows."

and inserting in lieu thereof "302. Special provisions relating to surviving spouses."; (6) by striking out in clauses (m) and (o) of section 314 "him" and inserting in lieu thereof "such veteran"; (7) by striking out in section 314(p) ", in his discretion,"; (8) by striking out in clauses (r) and (s) of section 314 "he" and "his" each time they appear and inserting in lieu thereof "such veteran" and "such veteran's", respectively; (9) by striking out in clauses (A), (B), (C), (D), (E), (F), and (G) of section 315(1) "wife" each time it appears and inserting in lieu thereof "spouse"; (10) by striking out in section 315(1)(H) "mother or father, either or both dependent upon him" and inserting in lieu thereof "parent dependent upon such veteran"; (11) by striking out in section 315(2) "his"; (12) by striking out in section 321 "widow" and inserting in lieu thereof "spouse"; (13) by striking out in paragraphs (1) and (2) of section 322 (a) "Widow" and inserting in lieu thereof "Surviving spouse"; (14) by striking out in paragraphs (3), (4), and (5) of section 322(a) "widow" and inserting in lieu thereof "surviving spouse"; (15) by striking out in section 322(a)(6) "mother or father" and inserting in lieu thereof "parent";

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90 STAT. 1379

(16) by striking out in section 322(a)(7) "Dependent mother 38 USC 322. and father'' and inserting in lieu thereof " B o t h dependent parents"; (17) by striking out in section 322(b) "widow" and inserting in lieu thereof "surviving spouse"; (18) by striking out in section 341 "widow" and inserting in lieu thereof "spouse"; (19) by striking out in section 351 "him", and by striking out in such section " h i s " and inserting in lieu thereof "such veteran's"; (20) by striking out in section 354(a) "his'* and " h e " each time they appear and inserting in lieu thereof "such veteran's" and "such veteran", respectively; (21) by striking out m section 358 ", in his discretion,", and by striking out in such section "his wife" and "a wife'* and inserting in lieu thereof "such veterans spouse" and "such spouse", respectively; (22) by striking out in section 360 "his*' each time it appears and inserting in lieu thereof "such veteran's*'; (23) by striking out in section 361 "his'* and inserting in lieu thereof "such former member's"; and (24) by striking out in section 362 "he** and inserting in lieu thereof "the Administrator". SEC. 405. Chapter 13 of title 38, United States Code, is amended— 38 USC 401 (1) by striking out in subsections (a) and (b) of section 402 ^^ seq. " h i s " and "he'* each time they appear and inserting in lieu thereof "such veteran's" and "such veteran", respectively; (2) by striking out in subsections (c) and (d) of section 402 " h e " and "his widow" and inserting in lieu thereof "such veteran" and "such veteran's surviving spouse", respectively; (3) by striking out in section 402(e) " h i s " and " h e " each time they appear and inserting in lieu thereof "such person's" and "such person", respectively; (4) by striking out in section 404 "widow", "she", and "him", and inserting in lieu thereof "surviving spouse", "such surviving spouse", and "such veteran", respectively; (6) by striking out in the catchline of section 404 "widows" and inserting in lieu thereof "surviving spouses"; (6) by striking out in the table of sections at the beginning of such chapter 13 "404. Special provisions relating to widows." ^ and inserting in lieu thereof "404. Special provisions relating to surviving spouses.";

(7) by striking out in subsections (a) and (b) of section 410 "his widow", "widow*', "he", and " h i s " and inserting in lieu thereof "such veteran's surviving spouse", "surviving spouse", "such veteran'*, and "such veteran's'*, respectively; (8) by striking out in the table of sections at the beginning of such chapter 13 ''411. Dependenc.v and indemnity compensation to a widow."

and inserting in lieu thereof "411. Dependency and indemnity compensation to a surviving spouse."; (9) by striking out in subsections (a) and (b) of section 412 "his", "he'*, and "widow" each time they appear and inserting in lieu thereof "such veteran's"', "such veteran", and "surviving spouse", respectively;

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 bunched in front of the poles, he should lift without trying to pass the cover-point. His shot, in this case will often prove effective, because, having his two assistants directly in front of him, obstructing his view of the play, the goal keeper cannot easily stop a low, hard, well directed "puck," besides, he will deprive the cover-point of the pleasure of "using his body."

On approaching the cover-point, a forward, before passing the puck, should incline a good deal towards the opposite side to which he is going to send it, because in so doing he will force the cover-point to leave his place, and thereby create a better clearing for action.

It is a peculiar fact that defence men, in their positions, are usually less apt than forwards to get excited, which might be accounted for by this that it is a great deal easier for them to prevent a man from scoring than it is for him to score, and, besides, they are in their own territory moving at comparative ease, whilst the rushing forward tears down at full speed and has time enough only to think of how he may pass the puck or how elude the cover-point. The forward player has more to think of, more to do in order to score, than the defence men have in preventing him.


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Page:United States Statutes at Large Volume 90 Part 1.djvu/1430

 90 STAT. 1380

PUBLIC LAW 94-433—SEPT. 30, 1976 '"

(10) by striking out in subsections (a), (b), and (c) of section 38 USC 414. 414 "him", "woman", "widow", and "her deceased husband" each time they appear and inserting in lieu thereof "such child", "person", "surviving spouse", and "such person's deceased spouse", respectively; ' (11) by striking out in paragraphs (1) and (2) of section 416(a) "widow" and "his" and inserting in lieu thereof "surviving spouse" and "such person's", respectively; (12) by striking out in section 416(b)(1) "widow" and "her" and inserting in lieu thereof "surviving spouse" and "such surviving spouse", respectively; (13) by striking out in section 416(c) "him" and inserting in lieu thereof "such child"; (14) by striking out in section 416(d) "him" each time it appears and inserting in lieu thereof "such parent"; (15) by striking out in section 416(e)(1) "he" and "his" and inserting in lieu thereof "such person" and "such beneficiary's", respectively; (16) by striking out in section 416(e)(3) "his" and "he" and inserting in lieu thereof "such child's" and "the Administrator", respectively; , (17) by striking out in section 421 "him" and inserting in lieu thereof "the Administrator"; \ (18) by striking out in section 422(a) "his" and "him" and inserting in lieu thereof "such veteran's" and "such Secretary", respectively; and (19) by striking out in section 423 "him" and "he" each time they appear and inserting in lieu thereof "the Administrator". Effective date. SEC. 406. The provisions of this Act shall become effective on 38 USC 301 note. October 1, 1976. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1270 (Comm. on Veterans' Affairs). SENATE REPORT No. 94-1226 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol 122 (1976): June 2 1, considered and passed House. Sept. 20, considered and passed Senate, amended. Sept. 21, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept. 30, Presidential statement.

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 PUBLIC LAW 94-434^SEPT. 30, 1976

90 STAT. 1381

Public Law 94-434 94th Congress An Act To authorize the Secretary of Agriculture to convey certain lands in the State of Idaho, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Secretary of Agriculture is authorized to convey by quitclaim deed, subject to the provisions of subsection (b) of this section, all right, title, and interest of the United States in and to the following described tract of land and the improvements thereon: A part of the Riverside Park Addition to Boise City, Ada County, Idaho, in sections 9 and 10, township 3 north, range 2 east, Boise meridian, according to the plat thereof, filed in book 6 of plats at page 250, records of Ada County, Idaho. All of block 6, except lots 9 and 10; all of block 3, except lots 10 to 13, inclusive; and all of the adjacent vacated streets and alleys described as follows: Tenth Street between the south line of River Street and the north line of Park Boulevard; alley running in a northerly and southerly direction in block 3 from the south line of River Street to the south line of lot 9, block 3; all of alley running in a northerly and southerly direction in block 6; all of alley running in an easterly and westerly direction between lots 16 and 20 and lots 21 to 32, inclusive, block 6; alley running in an easterly and westerly direction between lots 13 and 17 and lots 1 to 12, inclusive, in block 6 from west line of Tenth Street to west line of lot 8, block 6; all the alley running in an easterly and westerly direction in block 3; and the following two tracts: Tract 1: A tract 12 feet wide lying west and adjacent to lots 1 through 9, inclusive, block 3, Riverside Park Addition, more particularly described as follows: Beginning at the northwest corner of lot 1, block 3, Riverside Park Addition; then north 87 degrees 36 minutes west 12 feet, thence south 2 degrees 24 minutes west 225 feet; thence south 87 degrees 36 minutes east 12 feet; thence north 2 degrees 24 minutes east 225 feet to the northwest corner of lot 1, the place o | beginning. Tract 2: A tract 12 feet wide lying east and adjacent to lots 36 and 15, also a tract 12 feet wide, lying along the easterly line of lot 14 and being approximately 50 feet in length along said lot 14, all in block 3 of Riverside Park Addition, more particularly described as follows: Beginning at the northeast corner of lot 36, block 3, Riverside Park Addition; thence south 2 degrees 24 minutes west 256 feet, to a point extending approximately 60 feet, more or less, southerly from the north end of lot 14, which would be intersected by the projection of the south line of lot 9; thence south 87 degrees 36 minutes east 12 feet; thence north 2 degrees 24 minutes east 249 feet; thence north 55 degrees 06 minutes west 14 feet to the place of beginning. Containing 5.22 acres, more or less.

Sept. 30, 1976 [S. 2511] Boise, Idaho. Land conveyance.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1432

 90 STAT. 1382 Conditions.

Public offers, solicitation.

PUBLIC LAW 94-434—SEPT. 30, 1976 (b) Any such conveyance pursuant to subsection (a) of this section shall be conditioned upon the Secretary of Agriculture (hereinafter referred to as the "Secretary") entering into an agreement or other arrangement, including an exchange, sufficient to assure the Secretary that the party to whom such conveyance is to be made will cause to be constructed, for the United States, on the southeast quarter northwest quarter northeast quarter southwest quarter, section 27, township 3 north, range 2 east, Boise meridian, containing 2.50 acres, more or less (withdrawn from the public domain for administrative site purposes), or on an alternative site to be determined by the Secretary, administrative improvements of at least equal value to the lands and the improvements thereto authorized to be conveyed by subsection (a) of this section: Provided, That if the value of the lands and the improvements thereon authorized to be conveyed by subsection (a) exceeds the value of the administrative improvements determined necessary by the Secretary to be constructed under this subsection, the party to whom the conveyance is made shall make a cash payment to the United States in an amount equal to the difference between the two values. (c) In carrying out the provisions of this Act, the Secretary shall solicit public offers. Such solicitation shall be made with sufficient time to permit such full and free competition as is necessary to meet the requirements of the agency concerned. All offers shall be publicly opened at the time and place stated in the solicitation notice. After considering price, value and other factors, the Secretary shall enter into such agreement or arrangement with the responsible party whose offer, conforming to the solicitation notice, is determined by the Secretary to be most advantageous to the Government. Notwithstanding any other provision of this Act, all offers may be rejected by the Secretary if he determines that it is in the public mterest to do so. Approved September 30, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1539 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-745 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 13, considered and passed Senate. Sept. 20, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1433

 PUBLIC LAW 94-435—SEPT. 30, 1976

90 STAT. 1383

Public Law 94-435 94th Congress An Act To improve and facilitate the expeditious and effective enforcement of the antitrust laws, and for other purposes.

aept. 60, lv7o [H.R. 8532]

Be it enacted by the Senate arid House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Hart-Scott-Rodino A n t i t r u s t Improvements Act of

Hart-ScottRodino Antitrust

•j^Q/rgj?

Improvements TABLE OF CONTENTS

^?T?«r^7q^'i

TITLE I—ANTITRUST CIVIL PROCESS ACT AMENDMENTS Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106.

note.

Definitions. Civil investigative demands. Custodian of documents, answers, and transcripts. Judicial proceedings. Criminal penalty. Effective date.

,

TITLE II—PREMERGER NOTIFICATION Sec. 201. Notification and waiting period. Sec. 202. Effective dates. TITLE III—PARENS PATRIAE See. Sec. Sec. Sec. See.

301. 302. 303. 304. 305.

Parens patriae actions by State attorneys general. Conforming amendments. Consolidation. Effective date. Short title to certain antitrust laws.

. v

TITLE I—ANTITRUST CIVIL PROCESS ACT AMENDMENTS DEFINITIONS

SEC. 101. Section 2 of the Antitrust Civil Process Act (15 U.S.C. 1311) is amended— . ... (1) in subsection (a) — (A) by inserting " and " after the semicolon at the end of paragraph (1); (B) by striking out paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) by striking out " (A) " and ", or (B) any unfair trade practice in or affecting such commerce" in paragraph (2) (as .redesignated by subparagraph (B)). (2) by amending subsection (c) to read as follows: " (c) The term 'antitrust investigation' means any inquiry conducted by any antitrust investigator for the purpose of ascertaining whether any person is or has been engaged in any antitrust violation or in any activities in preparation for a merger, acquisition, joint venture, or similar transaction, which, if consummated, may result in an antitrust violation;". (3) by amending subsection (f) to read as follows: " (f) The term ' p e r s o n ' means any n a t u r a l person, partnership, corporation, association, or other legal entity, including any person acting under color or authority of State law; ". (4) by amending subsection (h) to read as follows: " (h) The term 'custodian' means the custodian or any deputy custodian designated under section 4(a) of this Act.". Post, p. 1387.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1434

 90 STAT. 1384

PUBLIC LAW 94-435—SEPT. 30, 1976 CIVIL INVESTIGATIVE DEMANDS

SEC. 102. Section 3 of the Antitrust Civil Process Act (15 U.S.C. 1312) is amended to read as follows: CIVIL INVESTIGATIVE DEMANDS

'

Documentary material, production.

Interrogatories, answers.

Oral testimony.

,

"SEC. 3. (a) Whenever the Attorney General, or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice, has resison to believe that any person may be in possession, custody, or control of any documentary material, or may have any information, relevant to a civil antitrust investigation, he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing, and cause to be served upon such person, a civil investigative demand rec^uiring such person to produce such documentary material for inspection and copying or reproduction, to answer in writing written interrogatories, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers, or testimony. "(b) Each such demand shall— " (1) state the nature of— " (A) the conduct constituting the alleged antitrust violation, or " (B) the activities in preparation for a merger, acquisition, joint venture, or similar transaction, which, if consummated, may result in an antitrust violation, which are under investigation and the provision of law applicable thereto; "(2) if it is a demand for production of documentary material— " (A) describe the class or classes of documentary material ^Q j^g produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; "(B) prescribe a return date or dates which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction; and "(C) identify the custodian to whom such material shall be made available; or "(3) if it is a demand for answers to written interrogatories— "(A) propound with definiteness and certainty the written interrogatories to be answered; "(B) prescribe a date or dates at which time answers to written interrogatories shall be submitted; and "(C) identify the custodian to whom such answers shall be submitted; or " (4) if it is a demand for the giving of oral testimony— "(A) prescribe a date, time, and place at which oral testimony shall be commenced; and "(B) identify an antitrust investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted. "(c) No such demand shall require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony, if such material, answers, or testimony would be protected from disclosure under— "(1) the standards applicable to subpenas or subpenas duces tecum issued h^ a court of the United States in aid of a grand jury investigation, or

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1435

 PUBLIC LAW 94-435—SEPT. 30, 1976

90 STAT. 1385

"(2) the standards applicable to discovery requests under the Federal Kules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this Act. "(d)(1) Any such demand may be served by any antitrust investigator, or by any United States marshal or deputy marshal, at any place within the territorial jurisdiction of any court of the United States. "(2) any such demand or any petition filed under section 5 of this Act may be served upon any person who is not to be found within the territorial jurisdiction of any court of the United States, in such manner as the Federal Rules of Civil Procedure prescribe for service in a foreign country. To the extent that the courts of the United States can assert jurisdiction over such person consistent with due process, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance with this Act by such person that such court would have if such person were personally within the jurisdiction of such court. "(e)(1) Service of any such demand or of any petition filed under section 5 of this Act may be made upon a partnership, corporation, association, or other legal entity by— "(A) delivering a duly executed copy thereof to any partner, executive officer, managing agent, or general agent thereof, or to any agent thereof authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; " (B) delivering a duly executed copy thereof to the principal office or place of business of the partnership, corporation, association, or entity to be served; or "(C) depositing such copy in the United States mails, by registered or certified mail, return receipt requested, duly addressed to such partnership, corporation, association, or entity at its principal office or place of business. "(2) Service of any such demand or of any petition filed under section 5 of this Act may be made upon any natural person by— "(A) delivering a duly executed copy thereof to the person to be served; or "(B) depositing such copy in the United States mails- by registered or certified mail, return receipt requested, duly addressed to such person at his residence or principal office or place of business. "(f) A verified return by the individual serving any such demand or petition setting forth the manner of such service shall be proof of such service. In the case of service by registered or certified mail, such return shall be accompanied by the return post office receipt of delivery of such demand. "(g) The production of documentary material in response to a demand served pursuant to this section shall be made under a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by a person or persons having knowledge of the facts and circumstances relating to such production, to the effect that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the custodian. "(h) Each interrogatory in a demand served pursuant to this section shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for the objection shall be stated in lieu of an answer, and it shall be submitted under

28 USC app.

Service.

Jurisdiction.

Service upon legal entities.

Service upon natural person.

Proof of service.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1436

 90 STAT. 1386

Procedures governing oral examinations.

Transcript.

Certification.

Copies.

Right to counsel.

PUBLIC LAW 94-435—SEPT. 30, 1976 a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by a person or persons responsible for answering each interrogatory, to the effect that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. "(i)(1) The examination of any person pursuant to a demand for oral testimony served under this section shall be taken before an officer authorized to administer oaths and affirmations by the laws of the United States or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. "(2) The antitrust investigator or investigators conducting the examination shall exclude from the place where the examination is held all other persons except the person being examined, his counsel, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. The provisions of the Act of March 3, 1913 (Ch. 114, 37 Stat. 731; 15 U.S.C. 30), shall not apply to such examinations. " (3) The oral testimony of any person taken pursuant to a demand served under this section shall be taken in the judicial district of the United States within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the antitrust investigator conducting the examination and such person. "(4) When the testimony is fully transcribed, the antitrust investigator or the officer shall afford the witness (who may be accompanied by counsel) a reasonable opportunity to examine the transcript; and the transcript shall be read to or by the witness, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the antitrust investigator with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within thirty days of his being afforded a reasonable opportunity to examine it, the officer or the antitrust investigator shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given therefor. "(5) The officer shall certify on the transcript that the witness was duly sworn by him and that the transcript is a true record of the testimony given by the witness, and the officer or antitrust investigator shall promptly deliver it or send it by registered or certified mail to the custodian. "(6) Upon payment of reasonable charges therefor, the antitrust investigator shall furnish a copy of the transcript to the witness only, except that the Assistant Attorney General in charge of the Antitrust Division may for good cause limit such witness to inspection of the official transcript of his testimony. "(7)(A) Any person compelled to appear under a demand for oral testimony pursuant to this section may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence,

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1437

 PUBLIC LAW 94-435—SEPT. 30, 1976

90 STAT. 1387

either upon the request of such person or upon counsel's own initiative, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may properly be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person shall not otherwise object to or refuse to answer any question, and shall not by himself or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, the antitrust investigator conducting the examination may petition the district court of the United States pursuant to section 5 of this Act for Post, p. 1389. an order compelling such person to answer such question. "(B) If such person refuses to answer any question on grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of part V of title 18, United States Code. 18 USC 6001. "(8) Any person appearing for oral examination pursuant to a Fees and mileage, demand served under this section shall be entitled to the same fees and mileage which are paid to witnesses in the district courts of the United States.". CUSTODIAN OF DOCUMENTS, ANSWERS, AND TRANSCRIPTS

SEC. 103. Section 4 of such Act is amended to read as follows:

15 USC 1313.

"CUSTODIAN OF DOCUMENTS, ANSWERS, AND TRANSCRIPTS

"SEC. 4. (a) The Assistant Attorney General in charge of the Antitrust Division of the Department of Justice shall designate an antitrust investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this Act, and such additional antitrust investigators as he shall determine from time to time to be necessary to serve as deputies to such officer. "(b) Any person, upon whom any demand under section 3 of this Act for the production of documentary material has been duly served, shall make such material available for inspection and copying or reproduction to the custodian designated therein at the principal place of business of such person (or at such other place as such custodian and such person thereafter may agree and prescribe in writing or as the court may direct, pursuant to section 5(d) of this Act) on the return date specified in such demand (or on such later date as such custodian may prescribe in writing). Such person may upon written agreement between such person and the custodian substitute copies for originals of all or any part of such material. " (c)(1) The custodian to whom any documentary material, answers to interrogatories, or transcripts of oral testimony are delivered shall take physical possession thereof, and shall be responsible for the use made thereof and for the return of documentary material, pursuant to this Act. " (2) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any duly authorized official or employee of the Department of Justice under regulations which shall be promulgated by the Attorney General. Notwith-

Documentary materials, availability. Ante, p. 1384.

15 USC 1314.

Responsibility for materials.

Regulations; official use of materials.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1438

 90 STAT. 1388

Disclosure, limitation.

Documentary materials, availability to producer.

Legal actions, use of investigative files.

FTC investigations or proceedings, use of investigative files.

Documentary material, return to producer, limitation.

PUBLIC LAW 94-435—SEPT. 30, 1976 standing paragraph (3) of this subsection, such material, answers, and transcripts may be used by any such official or employee in connection with the taking of oral testimony pursuant to this Act. "(3) Except as otherwise provided in this section, while in the possession of the custodian, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, so produced shall be available for examination, without the consent of the person who produced such material, answers, or transcripts, by any individual other than a duly authorized official or employee of the Department of Justice. Nothing in this section is intended to prevent disclosure to either body of the Congress or to any authorized committee or subcommittee thereof. " (4) WTiile in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe, (A) documentary material and answers to interrogatories shall be available for examination by the person who produced such material or answers, or by any duly authorized representative of such person, and (B) transcripts of oral testimony shall be available for examination by the person who produced such testimony, or his counsel. "(d)(1) Whenever any attorney of the Department of Justice has been designated to appear before any court, grand jury, or Federal administrative or regulatory agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony may deliver to such attorney such material, answers, or transcripts for official use in connection with any such case, grand jury, or proceeding as such attorney determines to be required. Upon the completion of any such case, grand jury, or proceeding, such attorney shall retTirn to the custodian any such material, answers, or transcripts so delivered which have not passed int-o the control of such court, grand jury, or agency through the introduction thereof into the record of such case or proceeding. "(2) The custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony may deliver to the Federal Trade Commission, in response to a written request, copies of such material, answers, or transcripts for use in connection with an investigation or proceeding under the Commission's jurisdiction. Such material, answers, or transcripts may only be used by the Commission in such manner and subject to such conditions as apply to the Department of Justice under this Act. "(e) If any documentary material has been produced in the course of any antitrust investigation by any person pursuant to a demand under this Act and— " (1) any case or proceeding before any court or grand jiiry arising out of such investigation, or any proceeding before any Federal administrative or regulatory agency involving such material, has been completed, or "(2) no case or proceeding, in which such material may be used, has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation* the custodian shall, upon written request of the person who produced such material, return to such person any such material (other than copies thereof furnished to the custodian pursuant to subsection (b) of this section or made by the Department of Justice pursuant to subsection (c) of this section) which has not passed into the control of any court, grand jury, or agency through the introduction thereof into the record of such case or proceeding.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1439

 PUBLIC LAW 94-435—SEPT. 30, 1976 "(f) In the event of the death, disability, or separation from service in the Department of Justice of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced under any demand issued pursuant to this Act, or the official relief of such custodian from responsibility for the custody and control of such material, answers, or transcripts, the Assistant Attorney General in charge of the Antitrust Division shall promptly (1) designate another antitrust investigator to serve as custodian of such material, answers, or transcripts, and (2) transmit in writing to the person who produced such material, answers, or testimony notice as to the identity and address of the successor so designated. Any successor designated under this subsection shall have with regard to such material, answers, or transcripts all duties and responsibilities imposed by this Act upon his predecessor in office with regard thereto, except that he shall not be held responsible for any default or dereliction which occurred prior to his designation.".

90 STAT. 1389 Successor custodians, appointment Notice.

JUDICIAL PROCEEDINGS

SEC. 104. (a) Section 5(a) of such Act is amended by striking out ", except that if" and all that follows down through the end of the sentence and inserting in lieu thereof a period. (b) The first sentence of subsection (b) of section 5 of such Act is amended to read as follows: "Within twenty days after the service of any such demand upon any person, or at any time before the return date specified in the demand, whichever period is shorter, or within such period exceeding twenty days after service or in excess of such return date as may be prescribed in writing, subsequent to service, by any antitrust investigator named in the demand, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and serve upon such antitrust investigator a petition for an order of such court modifying or setting aside such demand.". (c) The second sentence of subsection (b) of section 5 is amended by striking out the period at the end thereof and by inserting in lieu thereof: ", except that such person shall comply with any portions of the demand not sought to be modified or set aside.". (d) Subsection (c) of section 5 is amended by striking out "delivered" and inserting in lieu thereof "or answers to interrogatories delivered, or transcripts of oral testimony given". (e) Section 5 is further amended by adding at the end thereof the following: "(f) Any documentary material, answers to written interrogatories, or transcripts of oral testimony provided pursuant to any demand issued under this Act shall be exempt from disclosure under section 552 of title 5, United States Code.".

15 USC 1314.

Order, filing,

Disclosure, exemption,

CRIMINAL PENALTY

SEC. 105. The third paragraph of section 1505 of title 18, United States Code, is amended to read as follows: "Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or".

15 USC 1311 note.

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