text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/456

 90 STAT. 406 42 USC 289Z-1.

42 USC 289/-1.

Biomedical and behavioral research personnel, studies.

42 USC 289/-2.

Report to congressional committees.

42 USC 289/-2.

Investigations and study.

42 USC 289/-1 note.

42 USC 289/-1 note.

42 USC 201 note.

PUBLIC LAW 94-278—APR. 22, 1976 SEC. 202. (a) Subsection (a)(1)(A)(i) of section 472 is amended by striking out "the disease or (diseases) or other health problems to which the activities of the Institutes and Administration are directed" and inserting in lieu thereof "diseases or other health problems". (b) Subsection (b)(2) of section 472 is amended by striking out "to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration" and inserting in lieu thereof "within the Department of Health, Education, and Welfare". SEC. 203. (a)(1) Subparagraph (A) of the first paragraph (4) of subsection (c) of section 472 is amended by striking out "and the interest on such amount" down through and including "was made". (2) The last sentence of subparagraph (B) of such paragraph is amended by striking out "at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States" and inserting in lieu thereof "at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date the United States becomes entitled to such amount". (b) The amendments made by subsection (a) shall apply with respect to National Research Awards under section 472 which are made from appropriations for fiscal years ending on or after June 30, 1975. SEC. 204. Section 473(b) is amended by adding after paragraph (2) the following new paragraph: "(3) The National Academy of Sciences or other group or association conducting the study required by subsection (a) shall conduct such study in consultation with the Director of the National Institutes of Health.". SEC. 205. Subsection (c) of section 473 is amended by striking out "March 31" and inserting in lieu thereof "September 30". TITLE III—DISCLOSURE OF RESEARCH INFORMATION SEC. 301. (a)(1) The President's Biomedical Research Panel (established by section 201(a) of the National Cancer Act Amendments of 1974 (Public Law 93-352)) and the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (established by section 201 of the National Research Act (Public Law 93-348)) shall each conduct an investigation and study of the implication of the disclosure to the public of information contained in research protocols, research hypotheses, and research designs obtained by the Secretary of Health, Education, and Welfare (hereinafter in the subsection referred to as the "Secretary") in connection with an application or proposal submitted, during the period beginning January 1, 1975, and ending December 31, 1975, to the Secretary for a grant, fellowship, or contract under the Public Health Service Act. In making such investigation and study the Panel and the Commission shall each determine the following: (A) The number of requests made to the Secretary for the disclosure of information contained in such research protocols, hypotheses, and designs and the interests represented by the persons for whom such requests were made. (B) The purposes for which information disclosed by the Secretary pursuant to such requests was used. (C) The effect of the disclosure of such information on— (i) proprietary interests in the research protocol, hypothesis, or design ft*om which such information was disclosed and on patent rights;

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/457

 PUBLIC LAW 94-278—APR. 22, 1976 (ii) the ability of peer review systems to insure high quality federally funded research; and (iii) the (I) protection of the public against research which presents an unreasonable risk to human subjects of such research and (II) the adequacy of informed consent procedures. (2)(A) Not later than May 31, 1976, the Panel shall complete the investigation and study required to be made by the Panel by paragraph (1), and, not later than June 30, 1976, the Panel shall submit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a report on such investigation and study. The report shall contain such recommendations for legislation as the Panel deems appropriate. (B) Not later than November 30, 1976, the Commission shall complete the investigation and study required to be made by the Commission by paragraph (1), and, not later than December 31, 1976, the Commission shall submit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a report on such investigation and study. The report shall contain such recommendations for legislation as the Commission deems appropriate. (b) Section 211(b) of the National Eesearch Act (Public Law 93-348) is amended by striking out "July 1, 1976" and inserting in lieu thereof "January 1, 1977".

90 STAT. 407

Report to congressional committees.

Report to congressional committees.

42 USC 218 note.

TITLE IV—GENETIC DISEASES SEC. 401. This title may be cited as the "National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act". SEC. 402. In order to preserve and protect the health and welfare of all citizens, it is the purpose of this title to establish a national program to provide for basic and applied research, research training, testing, counseling, and information and education programs with respect to genetic diseases, including sickle cell anemia, Cooley's anemia, TaySachs disease, cystic fibrosis, dysautonomia, hemophilia, retinitis pigmentosa, Huntington's chorea, and muscular dystrophy. SEC. 403. (a) Title X I is amended by striking out parts A and B and inserting in lieu thereof the following:

National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act 42 USC 300b note. 42 USC 300b note.

"PART A—GENETIC DISEASES TESTING AND COUNSELING PROGRAMS AND INFORMATION AND EDUCATION PROGRAMS

"SEC. 1101. (a)(1) The Secretary, through an identifiable admin- 42 USC 300b. istrative unit within the Department of Health, Education, and Welfare, may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities, for projects to establish and operate voluntary genetic testing and counseling programs primarily in conjunction with other existing health programs, including programs assisted under title V of the Social Security Act. 42 USC 701. "(2) The Secretary shall carry out, through an identifiable administrative unit within the Department of Health, Education, and Welfare, a program to develop information and educational materials

�

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


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/458

 90 STAT. 408

Appropriation authorization.

PUBLIC LAW 94-278—APR. 22, 1976 relating to genetic diseases and to disseminate such information and materials to persons providing health care, to teachers and students, and to the public generally in order to most rapidly make available the latest advances in the testing, diagnosis, counseling, and treatment of individuals respecting genetic diseases. The Secretary may, under such program, make grants to public and nonprofit private entities and enter into contracts with public and private entities and individuals for the development and dissemination of such materials. "(b) For the purpose of making payments pursuant to grants and contracts under this section, there are authorized to be appropriated $30,000,000 for fiscal year 1976, $30,000,000 for fiscal year 1977, and $30,000,000 for fiscal year 1978. u RESEARCH PROJECT GRANTS AND CONTRACTS

42 USC 300b-l. 42 USC 241.

Sickle cell anemia and eooley's anemia research, priority.

"SEC. 1102. In carrying out section 301, the Secretary may make grants to public and nonprofit private entities, and may enter into contracts with public and private entities and individuals, for projects for (1) basic or applied research leading to the understanding, diagnosis, treatment, and control of genetic diseases, (2) planning, establishing, demonstrating, and developing special programs for the training of genetic counselors, social and behavioral scientists, and other health professionals, (3) the development of programs to educate practicing physicians, other health professionals, and the public regarding the nature of genetic processes, the inheritance patterns of genetic diseases, and the means, methods, and facilities available to diagnose, control, counsel, and treat genetic diseases, and (4) the development of counseling and testing programs and other programs for the diagnosis, control, and treatment of genetic diseases. In making grants and entering into contracts for projects described in clause (1) of the preceding sentence, the Secretary shall give priority to applications for such grants or contracts which are submitted for research on sickle cell anemia and for research on Cooley's anemia. 'VOLUNTARY PARTICIPATION

42 USC 300b-2.

"SEC. 1103. The participation by any individual in any program or portion thereof under this part shall be wholly voluntary and shall not be a prerequisite to eligibility for or receipt of any other service or assistance from, or to participation in, any other program. u APPLICATION S; ADMINISTRATION OF G R A N T S A N D CONTRACT PROGRAMS

42 USC 300b-3.

"SEC. 1104. (a) A grant or contract under this part may be made upon application submitted to the Secretary at such time, in suCh manner, and containing and accompanied by such information, as the Secretary may require. Each applicant shall— "(1) provide that the programs and activities for which assistance under this part is sought will be administered by or under the supervision of the applicant; "(2) provide for strict confidentiiality of all test results, medical records, and other information regarding testing, diagnosis, counseling, or treatment of any person treated, except for (A) such information as the patient (or his guardian) gives informed consent to be released, or (B) statistical data compiled without reference to the identity of any such patient;

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/459

 PUBLIC LAW 94-278—APR. 22, 1976

90 STAT. 409

"(3) provide for community representation where appropriate in the development and operation of vohmtary genetic testing or counseling programs funded by a grant or contract under this part; "(4) in the case of an applicant for a grant or contract under section 1101(a)(1) for the delivery of services, provide assurances siatisfactory to the Secretary that (A) the services for communitywide testing and counseling to be provided under the program for which the application is made (i) will take into consideration widely prevalent diseases with a genetic component and high-risk population groups in which certain genetic diseases occur, and (ii) where appropriate will be directed especially but not exclusively to persons who are entering their child-producing years, and (B) appropriate arrangements will be made to provide counseling to persons found to have a genetic disease and to persons found to carry a gene or chromosome which may cause a deleterious effect in their offspring; and "(5) establish fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting of Federal funds paid to the applicant under this part. "(b) In making any grant or entering into any contract for testing and counseling programs under section 1101, the Secretary shall (1) take into account the number of persons to be served by the program supported by such grant or contract and the extent to which rapid and effective use will be made of funds under the grant or contract; and (2) give priority to programs operating in areas which the Secretary determines have the greatest number of persons who will benefit from and are in need of the services provided under such programs. "(c) In making grants and entering into contracts for any fiscal year under section 301 for projects described in section 1102 or under 42 USC 241. section 1101 the Secretary shall give special consideration to applications from entities that received grants from, or entered into contracts with, the Secretary for the preceding fiscal year for the conduct of comprehensive sickle cell center-s or sickle cell screening and education clinics. "PUBLIC HEALTH SER^^CE FACILITIES "SEC. 1105. The Secretary shall establish a program within the 42 USC 300b-4. Service to provide voluntary testing, diagnosis, counseling, and treatment of individuals respecting genetic diseases. Services under such program shall be made available through facilities of the Service to persons requesting such services, and the program shall proA^ide appropriate publicity of the availability and voluntary nature of such services. "REPORTS

"SEC. 1106. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress on or before April 1 of each year a comprehensive report on the administration of this part. "(b) The report required by this section shall contain such recommendations for additional legislation as the Secretary deems necessary.". (b)(1) Section 1121(b)(5) is amended by striking out "ending June 30," each place it occurs. (2) Parts C and D are redesignated as parts B and C, respectively. (3) The heading of such title is amended to read as follows:

Report to President for transmittal to Congress. 42 USC 300b-5. 42 USC 300C-11. 42 USC SOOc-ll, 300C-21.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/460

 90 STAT. 410

PUBLIC LAW 94-278—APR. 22, 1976 "TITLE XI—GENETIC DISEASES, H E M O P H I L I A PROGRAMS, AND SUDDEN INFANT D E A T H SYNDROME."

Effective date.

42 USC 300b note.

(c) The amendments made by subsections (a) and (b) shall take effect July 1, 1976. TITLE V—FEDERAL FOOD, DRUG, AND COSMETIC ACT AMENDMENTS SEC. 501 (a) Chapter IV of the Federal Food, Drug, and Cosmetic Act is amended by adding after section 410 (21 U.S.C. 349) the following new section: "VITAMINS AND MINERALS

21 USC 350. 21 USC 321, 341, 343.

"Children."

Food labeling.

"Food to which this section applies."

"SEC. 411. (a)(1) Except as provided in paragraph (2) — "(A) the Secretary may not establish, under section 201(n), 401, or 403, maximum limits on the potency of any synthetic or natural vitamin or mineral within a food to which this section applies; "(B) the Secretary may not classify any natural or synthetic vitamin or mineral (or combination thereof) as a drug solely because it exceeds the level of potency which the Secretary determines is nutritionally rational or useful; "(C) the Secretary may not limit, under section 201(n), 401, or 403, the combination or number of any synthetic or natural— "(i) vitamin, "(ii) mineral, or " (iii) other ingredient of food, within a food to which this section applies. "(2) Paragraph (1) shall not apply in the case of a vitamin, mineral, other ingredient of food, or food, which is represented for use by individuals in the treatment or management of specific diseases or disorders, by children, or by pregnant or lactating women. For purposes of this subparagraph, the term 'children' means individuals who are under the age of twelve years. "(b)(1) A food to which this section applies shall not be deemed under section 403 to be misbranded solely because its label bears, in accordance with section 403(i)(2), all the ingredients in the food or its advertising contains references to ingredients in the food which are not vitamins or minerals. "(2)(A) The labeling for any food to which this section applies may not list its ingredients which are not vitamins or minerals (i) except as a part of a list of all the ingredients of such food, and (ii) unless such ingredients are listed in accordance with applicable regulations under section 403. To the extent that compliance with clause (i) of this subparagraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Secretary. "(R) Notwithstanding the provisions of subparagraph (A), the labeling and advertising for any food to which this section applies may not give prominence to or emphasize ingredients which are not— "(i) vitamins, "(ii) minerals, or "(iii) represented as a source of vitamins or minerals. "(c)(1) For purposes of this section, the term 'food to which this section applies' means a food for humans which is a food for special dietary use— " (A) which is or contains any natural or synthetic vitamin or mineral, and

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/461

 PUBLIC LAW 94-278—APR. 22, 1976 " (B) which— " (i) is intended for ingestion in tablet, capsule, or liquid form, or " ( i i) if not intended for ingestion in such a form, does not simulate and is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet. " (2) For purposes of paragraph (1)(B)(i), a food shall be considered as intended for ingestion in liquid form only if it is formulated in a fluid carrier and it is intended for ingestion in daily quantities measured in drops or similar small units of measure. " (3) For purposes of paragraph (1) and of section 403(j) insofar as that section is applicable to food to which this section applies, the term 'special dietary use' as applied to food used by man means a particular use for which a food purports or is represented to he, used, including but not limited to the following: " (A) Supplying a special dietary need that exists by reason of a physical, physiological, pathological, or other condition, including but not limited to the condition of disease, convalescence, pregnancy, lactation, infancy, allergic hypersensitivity^ to food, underweight, overweight, or the need to control the intake of sodium. " (B) Supplying a vitamin, mineral, or other ingredient for use by m a n to supplement his diet by increasing the total dietary intake. " (C) Supplying a special dietary need by reason of being a food for use as the sole item of the diet.", (b) The Secretary of Health, Education, and Welfare shall amend any regulation promulgated under the Federal Food, D r u g, and Cosmetic Act which is inconsistent with section 411 of such Act (as added by subsection (a)) and such amendments shall be promulgated in accordance with section 553 of title 5, United States Code. SEC. 502. (a)(1) Section 403(a) of the Federal Food, D r u g, and Cosmetic Act (21 U.S.C. 3 4 3 (a)) is amended (A) by inserting " (1) " after "If", and (B) by inserting before the period at the end a comma and the following: "or (2) in the case of a food to which section 411 applies, its advertising is false or misleading in a material respect or its labeling is in violation of section 411(b)(2) ". (2)(A) Section 201(n) of such Act is amended by inserting "or advertising" after "labeling" each time it occurs. (B) Section 303 of such Act is amended by adding at the end the following new subsection: " (d) No person shall be subject to the penalties of subsection (a) of this section for a violation of section 301 involving misbranded food if the violation exists solely because the food is misbranded under section 403(a)(2) because of its advertising, and no person shall be subject to the penalties of subsection (b) of this section for such a violation unless the violation is committed with the intent to defraud or mislead.". (C) Section 304(a) of such Act (21 U.S.C. 3 3 4 (a)) is amended by a d d i n g after paragraph (2) the following new paragraph: " (3)(A) Except as provided in subparagraph (B), no libel for condemnation may be instituted under paragraph (1) or (2) against any food which— " (i) is misbranded under section 403(a)(2) because of its advertising, and " (ii) is being held for sale to the ultimate consumer in an establishment other than an establishment owned or operated by a manufacturer, packer, or distributor of the food.

90 STAT. 411

"Special dietary use." 21 USC 343.

21 USC 350 note. 21 USC 301. Ante, p. 410.

21 USC 321. 21 USC 333. Misbranded food, penalties, exemption. 21 USC 331.

Libel for condemnation. Supra.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/462

 90 STAT. 412

Ante, f. 4>11.

PUBLIC LAW 94-278—APR. 22, 1976 "(B) A libel for condemnation may be instituted under paragraph (1) or (2) against a food described in subparagraph (A) if— "(i)(I) the food's advertising which resulted in the food being misbranded under section 403(a)(2) was disseminated in the establishment in which the food is being held for sale to the ultimate consumer, " ( II) such advertising was disseminated by, or under the direction of, the owner or operator of such establishment, or " ( III) all or part of the cost of such advertising was paid by such owner or operator; and "(ii) the owner or operator of such establishment used such advertising in the establishment to promote the sale of the food.", (b) Chapter VII of such Act is amended by adding after section 706 (21 U.S.C. 376) the following new section: 'ADVERTISING OF CERTAIN FOODS

21 USC 378. 21 USC 331. Ante, p. 411. Notice to FTC.

15 USC 58.

15 USC 45, 53, 57b.

15 USC 56.

"SEC. 707. (a)(1) Except as provided in subsection (c), before the Secretary may initiate any action under chapter III— "(A) with respect to any food which the Secretary determines is misbranded under section 403(a)(2) because of its advertising. or "(B) with respect to a food's advertising which the Secretary determines causes the food to be so misbranded, the Secretary shall, in accordance with paragraph (2), notify in writing the Federal Trade Commission of the action the Secretary proposes to take respecting such food or advertising. " (2) The notice required by paragraph (1) shall— "(A) contain (i) a description of the action the Secretary proposes to take and of the advertising which the Secretary has determined causes a food to be misbranded, (ii) a statement of the reasons for the Secretary's determination that such advertising has caused such food to be misbranded, and "(B) be accompanied by the records, documents, and other written materials which the Secretary determines supports his determination that such food is misbranded because of such advertising. "(b)(1) If the Secretary notifies the Federal Trade Commission under subsection (a) of action proposed to be taken under chapter III with respect to a food or food advertising and the Commission notifies the Secretary in writing, within the 30-day period beginning on the date of the receipt of such notice, that— "(A) it has initiated under the Federal Trade Commission Act an investigation of such advertising to determine if it is prohibited by such Act or any order or rule under such Act, "(B) it has commenced (or intends to commence) a civil action under section 5, 13, or 19 with respect to such advertising or the Attorney General has commenced (or intends to commence) a civil action under section 5 with respect to such advertising, "(C) it has issued and served (or intends to issue and serve) a complaint under section 5(b) of such Act respecting such advertising, or "(D) pursuant to section 16(b) of such Act it has made a certification to the Attorney General respecting such advertising, the Secretary may not, except as provided by paragraph (2), initiate the action described in the Secretary's notice to the Federal Trade Commission.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/463

 PUBLIC LAW 94-278—APR. 22, 1976 " (2) If, before the expiration of the 60-day period beginning on the date the Secretary receives a notice described in paragraph (1) from the Federal Trade Commission in response to a notice of the Secretary under subsection (a) — " (A) the Commission or the Attorney General does not commence a civil action described in subparagraph (B) of paragraph (1) of this subsection respecting the advertising described in the Secretary's notice, " (B) the Commission does not issue and serve a complaint described in subparagraph (C) of such paragraph respecting such advertising, or " (C) the Commission does not (as described in subparagraph (D) of such paragraph) make a certification to the Attorney General respecting such advertising, or, if the Commission does make such a certification to the Attorney General respecting such advertising, the Attorney General, before the expiration of such period, does not cause appropriate criminal proceeding's to be brought against such advertising, the Secretary may, after the expiration of such period, initiate the action described in the notice to the Commission pursuant to subsection (a). The Commission shall promptly notify the Secretary of the commencement by the Commission of such a civil action, the issuance and service by it of such a complaint, or the causing by the Attorney General of criminal proceedings to be brought against such advertising. " (c) The requirements of subsections (a) and (b) do not apply with respect to action under chapter III with respect to any food or food advertising if the Secretary determines that such action is required to eliminate an imminent hazard to health. " (d) For the purpose of avoiding unnecessary duplication, the Secretary shall coordinate any action taken under chapter III because of advertising which the Secretary determines causes a food to be misbranded with any action of the Federal Trade Commission under the Federal Trade Commission Act with respect to such advertising." (c) The amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.

90 STAT. 4 1 3

21 USC 331.

15 USC 58. Effective date. 21 USC 334 note.

TITLE VI — A K T H R I T I S ACT AMENDMENTS SEC. 601. This title may be cited as the "National A r t h r i t i s Act Technical Amendments of 1976". ^ SEC. 602. (a) Section 2 of the National A r t h r i t i s Act of 1974 ( P u b lic Law 93-640) (hereinafter in this section referred to as the "Act") is amended by— (1) inserting " (a) " after " SEC. 2. "; (2) inserting a comma and "including $2,500,000,000 in medical expenses," after "$9,200,000,000" in paragraph (3); and (3) inserting a new subsection (b) at the end thereof as follows: " (b) I t is therefore the purpose of this Act to provide for— " (1) the formulation of a long-range plan— " (A) to expand and coordinate the national research, treatment, and control effort against a r t h r i t i s; " (B) to advance educational activities for patients, professional and allied health personnel, and the public? which will alert the citizens of the United States to the early indications of a r t h r i t i s: and

National Arthritis Act Technical Amendments of 1976. 42 USC 289c-]. note. 42 USC 289C-1 note.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/464

 90 STAT. 4 1 4

f

42 USC 289c-l °°*®'

PUBLIC LAW 9 4 - 2 7 8 — A P R. 22, 1976 " (C) to emphasize the significance of early detection and proper control of these diseases and of the complications which may evolve from the m; " (2) the establishment and support of program s to develop new and improved methods of arthritis screening, detection, prevention, and referral; " (3) the establishment of a central arthritis screening and detection data b a n k; and " (4) the development, modernization, and operation of centers for arthritis screening, detection, diagnosis, prevention, control, treatment, education, rehabilitation, and research and t r a i n i n g programs.". (b) Section 3 of the Act is amended by striking out "chief medical officer" and inserting in lieu thereof "Chief Medical Director" in subsection (b)(4). (c) The section heading for section 4 of the Act is amended by striking out "DEMONSTRATION" after "COMMITTEE,".

42 USC 289a. 42 USC 289c-l

42 USC 289C-5,

42 USC 289C-6.

SEC. 603. (a)(1) Section 431(c) of the Public Health Service Act is amended by inserting " (hereinafter in this part collectively referred to as ' a r t h r i t i s ') " after "musculoskeletal diseases". (2) The fourth sentence of section 434(b) of such Act is amended by striking out " and related musculoskeletal diseases". (3) Section 434(e) of such Act is amended by striking out " and related musculoskeletal diseases (hereinafter in this part collectively referred to as ' a r t h r i t i s ') ". (b) Section 438 of such Act is amended by— (1) inserting " the " before " health " the first time it appears in the first sentence of subsection (a); and (2) inserting "established" after " b a n k " in the second sentence of subsection (a). (c) Section 439 of such Act is amended by— (1) inserting "new and existing" before "centers" in the first sentence of subsection (a); (2) striking out "$13,000,000" and inserting in lieu thereof "$8,000,000", and striking out "$15,000,000" and inserting in lieu thereof "$20,000,000" in subsection (h); and (3) redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g),respectively. TITLE VII—DIABETES PLAN

42 USC 289C-2 note-

SEC, 701. Section 3(i)(2) of the National Diabetes Mellitus Research and Education Act (42 U.S.C. 289c-2) is amended to read as follows: " (2) The Commission shall cease to exist after September 30, 1976.". TITLE VIII—HEALTH SERVICES AMBULATORY SURGICAL SERVICES

42 USC 247d.

SEC. 801. (a) Section 319(a)(7) is amended by— (1) inserting after subparagraph (K) the following new subparagraph: " (L) ambulatory surgical services;" and (2) redesignating subparagraphs (L) and (M) as subparagraph s (M) and (N), respectively.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/465

 PUBLIC LAW 94-278—APR. 22, 1976

90 STAT. 415

(b) Section 330(b)(2) is amended by— ^ 42 USC 254c. (1) inserting after subparagraph (K) the following new subparagraph: " (L) ambulatory surgical services;" and (2) redesignating subparagraph s (L) and (M) as subparagraph s (M) and (N),respectively. TITLE IX—INDIAN HEALTH

SERVICE

SEC. 901. Section 225 is amended by a d d i n g at the end thereof the ^^ USC 234. following new subsection— " (j) Notwithstanding any other provision of law, the Secretary, J'**> may, where he deems advisable, allow the Indian Health Service to utilize nonprofit recruitment agencies to assist in obtaining personnel for the Public Health Service.". TITLE X—APPOINTMENT OF ADVISORY COMMITTEES SEC. 1001. All appointments to advisory committees established to assist in implementing the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, shall be made without regard to political affiliation. TITLE XI—MISCELLANEOUS PROVISIONS

^.2 USC 217a-l. 42 USC 201 note. 42 USC 2661 ^°^^42 USC 4551 °^*®.

,

SEC. 1101. Section 212 of the Public Health Service Act is amended 42 USC 213. by a d d i n g after subsection (d) the following new subsection: " (e) Active service of commissioned officers of the Service shall be deemed to be active military service in the A r m e d Forces of the United States for the purposes of all rights, privileges, immunities, and bene' fits now or hereafter provided under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 A p p. U.S.C. 501 et seq.).". SEC. 1102. (a) The second paragraph (4) of subsection (c) of section 472 of the Public Health Service Act is redesignated as paragraph (5). 42 USC 289/-1, (b) Section 507 of the Public Health Service Act is amended by 42 USC 225a. striking out "hospitals of the Service, of the Veterans' Administration, or of the Bureau of Prisons of the Department of Justice, and to Saint Elizabeths Hospital, except that g r a n t s to such" and insert in lieu thereof " Federal institutions, except that g r a n t s to". SEC. 1103. Title IV of the Public Health Service Act is amended by a d d i n g after section 475 the following new section: "VISITING SCIENTIST AWARDS

" SEC. 476. (a) The Secretary may make awards (referred to as 42 USC 289/-5. 'Visiting Scientist A w a r d s ') to outstanding scientists who agree to serve as visiting scientists at institutions of post-secondary education which have significant enrollments of disadvantaged students. Visiting Scientist A w a r d s shall be made by the Secretary to enable the faculty and students of such institutions to draw upon the special talents of scientists from other institutions for the purpose of receiving guidance, advice, and instruction with regard to research, teaching, and curriculum development in the biomedical and behavioral sciences and such other aspects of these sciences as the Secretary shall deem appropriate.

89-194 O—78—Dt. 1

30

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/466

 90 STAT. 416

PUBLIC LAW 94-278—APR. 22, 1976

"(b) The amount of each Visiting Scientist Award shall include such sum as shall be commensurate with the salary or remuneration which the individual receiving the award would have been entitled to receive from the institution with which the individual has, or had, a Eligibility permanent or immediately prior affiliation. Eligibility for and terms requirements. of Visiting Scientist Awards shall be determined in accordance with regulations the Secretary shall prescribe." 42 USC 295g-23. SEC. 1104. Section 786 of the Public Health Service Act is amended by inserting before the period at the end of the first sentence "and $3,500,000 for the fiscal year ending June 30, 1975 and $2,000,000 for the fiscal year ending June 30, 1976", 42 USC 294b. SEC. 1105. (a) Section 742(a) of the Public Health Service Act is amended by striking out "and" after "1974," and by inserting after "1975" the following: ", and $60,000,000 for the fiscal year ending June 30, 1976". 42 USC 294. (b) Section 740(b)(4) of such Act is amended by striking out "1975" and inserting in lieu thereof "1976". 42 USC 300/. SEC. 1106. Section 1511(b)(5) of the Public Health Service Act is amended by striking out "1535" and inserting in lieu thereof "1536". 42 USC 300p-3. ^ (b) Section 1613 of such Act is amended by striking out "1510" and inserting in lieu thereof "1610". Repeal. (c) The last sentence of section 1631 of such Act is repealed. 42USe300s-l. SEC. 1107. (a) Section 132(a)(1)(A) of the Developmental Disabilities Services and Facilities Construction Act (42 U.S.C. 6062) (hereinafter in this section referred to as the "Act") is amended by striking out "134" and inserting in lieu thereof "133". 42 USC 6064. (b) Section 134(b)(1) of the Act is amended by striking out "134" and inserting in lieu thereof "133". (c) Section 134(b)(1) of the Act is amended by striking out "136" and inserting in lieu thereof "135". (d) Section 301(a) of the Developmentally Disabled Assistance and 42 USC 6001 Bill of Eights Act is amended by striking out "101 (7)" and inserting note. in lieu thereof "102(7)". Approved April 22, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-498 (Comm. on Interstate and Foreign Commerce) and No. 94-1005 (Comm. of eonference). SENATE REPORTS: No. 94-509 accompanying S. 988 (Comm. on Labor and Public Welfare) and No. 94-743 (Comm. of Conference). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 20, considered and passed House. Dec. 11, considered and passed Senate, amended, in lieu of S. 988. Vol. 122 (1976): Apr. 12, House and Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/467

 PUBLIC LAW 94-279—APR. 22, 1976

90 STAT. 417

Public Law 94-279 94th Congress An Act To amend the Act of August 24, 1966, as amended, to increase the protection afforded animals in transit and to assure humane treatment of certain animals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of Anwrica in Congress assembled, That this Act may be cited as the "Animal Welfare Act Amendments of 1976". SEC. 2. Section 1 of the Act of August 24, 1966 (80 Stat. 350, as amended by the Animal Welfare Act of 1970, 84 Stat. 1560; 7 U. S. C 2131-2155) is amended to read as follows: "SECTION 1. (a) This Act may be cited as the 'Animal Welfare Act'. " (b) The Congress finds that animals and activities which are regulated under this Act are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this Act is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order— " (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and t r e a t m e n t; " (2) to assure the humane treatment of animals during transportation in commerce; and " (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen. The Congress further finds that it is essential to regulate, as provided in this Act, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use.". SEC. 3. Section 2 of such Act is amended— (1) by striking out subsection (c) and (d) thereof and inserting lieu thereof the following; " (c) The term 'commerce' means trade, traffic, transportation, or other commerce— " (1) between a place in a State and any place outside of such State, or between points within the same State but through any place outside thereof, or within any territory, possession, or the District of Columbia; " (2) which affects trade, traffic, transportation, or other commerce described in paragraph (1). " (d) The term 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States;". (2) by striking out the term "affecting commerce" in subsections (e) and (f) and inserting in lieu thereof "in commerce"; (3) by revising paragraph (f) thereof to read as follows: " (f) The term 'dealer' means any person who, in commerce, for compensation or profit, delivers for transportation, or transports,

Apr. 22, 1976 [S. 1941]

Animal Welfare Act Amendments of 1976. 7 USC 2131 note. 7 USC 2131 note. 7 USC 2131.

•'*8U

Definitions. 7 USC 2132.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/468

 9 0 STAT. 4 1 8

PUBLIC LAW 9 4 - 2 7 9 — A P R. 22, 1976

except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include— " (i) a retail pet store except such store which sells any animals dT«^' to a research facility, an exhibitor, or a dealer; or " ( i i) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 gross income from the sale of other animals during any calendar year; ", (4) by deleting "; and " at the end of paragraph (g) and inserting in lieu thereof the following: ". W i t h respect to a dog, the term means all dogs including those used for hunting, security, or breeding purposes;", and (5) by deleting the period at the end of paragraph (h) and inserting a semicolon in lieu thereof. 7 USC 2132. SEC. 4. Section 2 of such Act is further amended by adding thereto two new paragraph s to read: "Intermediate " (i) The term 'intermediate handler' means any person including a handler." department, agency, or instrumentality of the United States or of any State or local government (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier) who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce; and "Carrier." " (j) The term 'carrier' means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise, which is engaged in the business of t r a n s p o r t i n g any animals for hire.". 7 USC 2134, SEC. 5. Sections 4, 11, and 12 of such Act are amended by striking 2141, 2142. out "affecting commerce" and inserting in lieu thereof "in commerce". 7 USC 2136. SEC. 6. Section 6 of such Act is amended by inserting after the term "research facility", a comma and the term "every intermediate handler, every carrier,". 7 USC 2139. SEC. 7. Section 9 of such Act is amended by inserting after the term "section 12 of this Act,", the term "or an intermediate handler, or a carrier,", and by deleting the term "or an operator of an auction sale as well as of such person." at the end of section 9 and substituting therefor the following term: "operator of an auction sale, intermediate handler, or carrier, as well as of such person.". 7 USC 2140. SEC. 8. Section 10 of such Act is amended by deleting the phrase ", upon forms supplied by the Secretary" from the first sentence and by inserting between the second and t h i r d sentences thereof the followRecord retention. ing: " A t the request of the Secretary, any regulatory agency of the Federal Government which requires records to be maintained by intermediate handlers and carriers with respect to the transportation, receiving, handling, and delivery of animals on foiins prescribed by the agency, shall require there to be included in such forms, and intermediate handlers and carriers shall include in such forms, such information as the Secretary may require for the effective administration of this Act. Such information shall be retained for such reasonable period of time as the Secretary may prescribe. I f regulatory agencies of the Federal Government do not prescribe requirements for any such forms, intermediate handlers and carriers shall make and retain for such reasonable period as the Secretary may prescribe such records with respect to the transportation, receiving, handling, and delivery of animals as the Secretary may prescribe.". SEC. 9. Section 13 of such Act is amended by designating the pro7 USC 2143. visions thereof as subsection (a) and by adding, after the second

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/469

 PUBLIC LAW 94-279—APR. 22, 1976 sentence therein, new sentences to read: " The Secretary shall also promulgate standards to govern the transportation in commerce, and the handling, care, and treatment in connection therewith, by intermediate handlers, air carriers, or other carriers, of animals consigned by any dealer, research facility, exhibitor, operator of an auction sale, or other person, or any department, agency, or instrumentality of the United States or of any State or local government, for transportation in commerce. The Secretary shall have authority to promulgate such rules and regulations as he determines necessary to assure humane treatment of animals in the course of their transportation in commerce including requirements such as those with respect to containers, feed, water, rest, ventilation, temperature, and handling.". SEC. 10. Section 13 of such Act, as amended, is further amended by adding at the end thereof new subsections (b), (c), and (d) to read: " (b) No dogs or cats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any dealer, research facility, exhibitor, operator of an auction sale, or department, agency, or instrumentality of the United States or of any State or local government, to any intermediate handler or carrier for transportation in commerce, or received by any such handler or carrier for such transportation from any such person, department, agency, or instrumentality, unless the animal is accompanied by a certificate issued by a veterinarian licensed to practice veterinary medicine, certifying that he inspected the animal on a specified date, which shall not be more than ten days before such delivery, and, when so inspected, the animal appeared free of any infectious disease or physical abnormality which would endanger the animal or animals or other animals or endanger public health: Provided, however, That the Secretary may by regulation provide exceptions to this certification requirement, under such conditions as he may prescribe in the regulations, for animals shipped to research facilities for purposes of research, testing or experimentation requiring animals not eligible for such certification. Such certificates received by the intermediate handlers and the carriers shall be retained by them, as provided by regulations of the Secretary, in accordance with section 10 of this Act. " (c) No dogs or cats, or additional kinds or classes of animals designated by regulation of the Secretary, shall be delivered by any person to any intermediate handler or carrier for transportation in commerce except to registered research facilities if they are less than such age as the Secretary may by regulation prescribe. The Secretary shall designate additional kinds and classes of animals and may prescribe different ages for particular kinds or classes of dogs, cats, or designated animals, for the purposes of this section, when he determines that such action is necessary or adequate to assure their humane treatment in connection with their transportation in commerce. " (d) No intermediate handler or carrier involved in the transportation of any animal in commerce shall participate in any arrangement or engage in any practice under which the cost of such animal or the cost of the transportation of such animal is to be paid and collected upon delivery of the animal to the consignee, unless the consignor guarantees in writing the payment of transportation charges for any animal not claimed within a period of 48 hours after notice to the consignee of arrival of the animal, including, where necessary, both the return transportation charges and an amount sufficient to reimburse the carrier for all out-of-pocket expenses incurred for the care, feeding, and storage of such animals.". SEC. 11. Section 15 of such Act is amended by inserting after the term "exhibition" in the first sentence, a comma and the term "or

90 STAT. 419 Standards,

Rules and regulations.

7 USC 2143.

7 USC 2140.

7 USC 2145.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/470

 9 0 STAT. 420 — Consultation.

^'

7 USC 2146.

7 USC 2149. License suspension and revocation. 7 USC 2142. Notice and hearing. Civil penalty. '""""•

Notice and hearing. !

i 1 ,

Civil action.

Penalty.

PUBLIC LAW 9 4 - 2 7 9 — A P R. 22, 1976 administration of statutes regulating the transportation in commerce or h and l i n g in connection therewith of any animals", and by adding the following at the end of the sentence: "Before promulgating any standard governing the air transportation and h and l i n g in connection therewith, of animals, the Secretary shall consult with the Secretary of Transportation who shall have the authority to disapprove any such standard if he notifies the Secretary, within 30 days after such consultation, that changes in its provisions are necessary in the interest of flight safety. The Interstate Commerce Commission, the Civil Aeronautics Board, and the Federal Maritime Commission, to the extent of their respective lawful authorities, shall take such action as is appropriate to implement any standard established by the Secretary with respect to a person subject to regulation by it.". SEC. 12. (a) Subsection (a) of section 16 of such Act is amended by inserting the term "intermediate handler, carrier," in the first sentence after the term "exhibitor," each time the latter term appears in the sentence; by inserting before the period in the second sentence, a comma and the term "or (5) such animal is held by an intermediate handler or a carrier"; and by deleting the term "or" before the term " (4) " in the second sentence. (b) Subsection (c) of section 16 of such Act is amended by striking the words "sections 19(b) and 20 (b) " in the last sentence and inserting in lieu thereof the words "section 1 9 (c) ". SEC, 13. Section 19 of such Act is amended to read as follows: " (a) If the Secretary has reason to believe that any person licensed as a dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, has violated or is violating any provision of this Act, or any of the rules or regulations or standards promulgated by the Secretary hereunder, he may suspend such person's license temporarily, but not to exceed 21 days, and after notice and opportunity for hearing, may suspend for such additional period as he may specify, or revoke such license, if such violation is determined to have occurred. " (b) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, that violates any provision of this Act, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $1,000 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violation. E a c h violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conelusive unless the affected person files an appeal from the Secretary's order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person's good faith, and the history of previous violations. Any such civil penalty may be compromised by the Secretary. Upon any failure to pay the penalty assessed by a final order under this section, the Secretary shall request the Attorney General to institute a civil action in a district court of the United States or other United States court for any district in which such person is found or resides or transacts business, to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. Any person who knowingly fails to obey a cease and desist order made by the Secretary under this section shall be subject to a

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/471

 PUBLIC LAW 94-279—APR. 22, 1976 civil penalty of $500 for each offense, and each day during which such failure continues shall be deemed a separate offense. "(c) Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 12 of this Act, aggrieved by a final order of the Secretary issued pursuant to this section may, within 60 days after entry of such an order, seek review of such order in the appropriate United States Court of Appeals in accordance with the provisions of section 2341, 2343 through 2350 of title 28, United States Code, and such court shall have exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretary's order. "(d) Any dealer, exhibitor, or operator of an auction sale subject to section 12 of this Act, who knowingly violates any provision of this Act shall, on conviction thereof, be subject to imprisonment for not more than 1 year, or a fine of not more than $1,000, or both. Prosecution of such violations shall, to the maximum extent practicable, be brought initially before United States magistrates as provided in section 636 of title 28, United States Code, and sections 3401 and 3402 of title 18, United States Code, and, with the consent of the Attorney General, may be conducted, at both trial and upon appeal to district court, by attorneys of the United States Department of Agriculture.". SEC. 14. Section 20 of such Act is hereby repealed. SEC. 15. Section 24 of such Act is amended by inserting the following at the end of the section: "Notwithstanding the other provisions of this section, compliance by intermediate handlers, and carriers, and other persons with those provisions of this Act, as amended by the Animal Welfare Act Amendments of 1976, and those regulations promulgated thereunder, which relate to actions of intermediate handlers and carriers, shall commence 90 days after promulgation of regulations under section 13 of this Act, as amended, with respect to intermediate handlers and carriers, and such regulations shall be promulgated no later than 9 months after the enactment of the Animal Welfare Act Amendments of 1976; and compliance by dealers, exhibitors, operators of auction sales, and research facilities with other provisions of this Act, as so amended, and the regulations thereunder, shall commence upon the expiration of 90 days after enactment of the Animal Welfare Act Amendments of 1976: Provided, however, That compliance by all persons with paragraphs (b), (c), and (d) of section 13 and with section 26 of this Act, as so amended, shall commence upon the expiration of said ninety-day period. In all other respects, said amendments shall become effective upon the date of enactment.". SEC. 16. Section 25 of such Act is amended by deleting from subsection (2) the word "and" where it last appears, deleting the period at the end of subsection (3) and inserting "; and" in lieu thereof, and by inserting after subsection (3) the following new subsection: " (4) recommendations and conclusions concerning the aircraft environment as it relates to the carriage of live animals in air transportation.". SEC. 17. Such Act is amended by adding at the end thereof the following new section: "SEC. 26. (a) It shall be unlawful for any person to knowingly sponsor or exhibit an animal in any animal fighting venture to which any animal was moved in interstate or foreign commerce. "(b) It shall be unlawful for any person to knowingly sell, buy, transport, or deliver to another person or receive from another person for purposes of transportation, in interstate or foreign commerce, any dog or other animal for purposes of having the dog or other animal participate in an animal fighting venture.

90 STAT. 421

Review. 7 USC 2142.

Penalties.

Repeal. 7 USC 2150. 7 USC 2154.

.aJwjJ

Infra. Effective date. 7 USC 2155.

Animal fighting venture, prohibition. 7 USC 2156.

�


text:
Summa Theologiae/Second Part of the Second Part/Question 79

Question. 79 - OF THE QUASI-INTEGRAL PARTS OF JUSTICE (FOUR ARTICLES)
We must now consider the quasi-integral parts of justice, which are "to do good," and "to decline from evil," and the opposite vices. Under this head there are four points of inquiry:

(1) Whether these two are parts of justice?

(2) Whether transgression is a special sin?

(3) Whether omission is a special sin?

(4) Of the comparison between omission and transgression.

Art. 1 - Whether to decline from evil and to do good are parts of justice?
Objection 1: It would seem that to decline from evil and to do good are not parts of justice. For it belongs to every virtue to perform a good deed and to avoid an evil one. But parts do not exceed the whole. Therefore to decline from evil and to do good should not be reckoned parts of justice, which is a special kind of virtue.

Objection 2: Further, a gloss on Ps. 33:15, "Turn away from evil and do good," says: "The former," i.e. to turn away from evil, "avoids sin, the latter," i.e. to do good, "deserves the life and the palm." But any part of a virtue deserves the life and the palm. Therefore to decline from evil is not a part of justice.

Objection 3: Further, things that are so related that one implies the other, are not mutually distinct as parts of a whole. Now declining from evil is implied in doing good: since no one does evil and good at the same time. Therefore declining from evil and doing good are not parts of justice.

On the contrary, Augustine (De Correp. et Grat. i) declares that "declining from evil and doing good" belong to the justice of the law.

I answer that, If we speak of good and evil in general, it belongs to every virtue to do good and to avoid evil: and in this sense they cannot be reckoned parts of justice, except justice be taken in the sense of "all virtue" [*Cf. Q[58], A[5]]. And yet even if justice be taken in this sense it regards a certain special aspect of good; namely, the good as due in respect of Divine or human law.

On the other hand justice considered as a special virtue regards good as due to one's neighbor. And in this sense it belongs to special justice to do good considered as due to one's neighbor, and to avoid the opposite evil, that, namely, which is hurtful to one's neighbor; while it belongs to general justice to do good in relation to the community or in relation to God, and to avoid the opposite evil.

Now these two are said to be quasi-integral parts of general or of special justice, because each is required for the perfect act of justice. For it belongs to justice to establish equality in our relations with others, as shown above (Q[58], A[2]): and it pertains to the same cause to establish and to preserve that which it has established. Now a person establishes the equality of justice by doing good, i.e. by rendering to another his due: and he preserves the already established equality of justice by declining from evil, that is by inflicting no injury on his neighbor.

Reply to Objection 1: Good and evil are here considered under a special aspect, by which they are appropriated to justice. The reason why these two are reckoned parts of justice under a special aspect of good and evil, while they are not reckoned parts of any other moral virtue, is that the other moral virtues are concerned with the passions wherein to do good is to observe the mean, which is the same as to avoid the extremes as evils: so that doing good and avoiding evil come to the same, with regard to the other virtues. On the other hand justice is concerned with operations and external things, wherein to establish equality is one thing, and not to disturb the equality established is another.

Reply to Objection 2: To decline from evil, considered as a part of justice, does not denote a pure negation, viz."not to do evil"; for this does not deserve the palm, but only avoids the punishment. But it implies a movement of the will in repudiating evil, as the very term "decline" shows. This is meritorious; especially when a person resists against an instigation to do evil.

Reply to Objection 3: Doing good is the completive act of justice, and the principal part, so to speak, thereof. Declining from evil is a more imperfect act, and a secondary part of that virtue. Hence it is a. material part, so to speak, thereof, and a necessary condition of the formal and completive part.

Art. 2 - Whether transgression is a special sin?
Objection 1: It would seem that transgression is not a special sin. For no species is included in the definition of its genus. Now transgression is included in the definition of sin; because Ambrose says (De Parad. viii) that sin is "a transgression of the Divine law." Therefore transgression is not a species of sin.

Objection 2: Further, no species is more comprehensive than its genus. But transgression is more comprehensive than sin, because sin is a "word, deed or desire against the law of God," according to Augustine (Contra Faust. xxii, 27), while transgression is also against nature, or custom. Therefore transgression is not a species of sin.

Objection 3: Further, no species contains all the parts into which its genus is divided. Now the sin of transgression extends to all the capital vices, as well as to sins of thought, word and deed. Therefore transgression is not a special sin.

On the contrary, It is opposed to a special virtue, namely justice.

I answer that, The term transgression is derived from bodily movement and applied to moral actions. Now a person is said to transgress in bodily movement, when he steps [graditur] beyond [trans] a fixed boundary---and it is a negative precept that fixes the boundary that man must not exceed in his moral actions. Wherefore to transgress, properly speaking, is to act against a negative precept.

Now materially considered this may be common to all the species of sin, because man transgresses a Divine precept by any species of mortal sin. But if we consider it formally, namely under its special aspect of an act against a negative precept, it is a special sin in two ways. First, in so far as it is opposed to those kinds of sin that are opposed to the other virtues: for just as it belongs properly to legal justice to consider a precept as binding, so it belongs properly to a transgression to consider a precept as an object of contempt. Secondly, in so far as it is distinct from omission which is opposed to an affirmative precept.

Reply to Objection 1: Even as legal justice is "all virtue" (Q[58], A[5]) as regards its subject and matter, so legal injustice is materially "all sin." It is in this way that Ambrose defined sin, considering it from the point of view of legal injustice.

Reply to Objection 2: The natural inclination concerns the precepts of the natural law. Again, a laudable custom has the force of a precept; since as Augustine says in an epistle On the Fast of the Sabbath (Ep. xxxvi), "a custom of God's people should be looked upon as law." Hence both sin and transgression may be against a laudable custom and against a natural inclination.

Reply to Objection 3: All these species of sin may include transgression, if we consider them not under their proper aspects, but under a special aspect, as stated above. The sin of omission, however, is altogether distinct from the sin of transgression.

Art. 3 - Whether omission is a special sin?
Objection 1: It would seem that omission is not a special sin. For every sin is either original or actual. Now omission is not original sin, for it is not contracted through origin nor is it actual sin, for it may be altogether without act, as stated above (FS, Q[71], A[5]) when we were treating of sins in general. Therefore omission is not a special sin.

Objection 2: Further, every sin is voluntary. Now omission sometimes is not voluntary but necessary, as when a woman is violated after taking a vow of virginity, or when one lose that which one is under an obligation to restore, or when a priest is bound to say Mass, and is prevented from doing so. Therefore omission is not always a sin.

Objection 3: Further, it is possible to fix the time when any special sin begins. But this is not possible in the case of omission, since one is not altered by not doing a thing, no matter when the omission occurs, and yet the omission is not always sinful. Therefore omission is not a special sin.

Objection 4: Further, every special sin is opposed to a special virtue. But it is not possible to assign any special virtue to which omission is opposed, both because the good of any virtue can be omitted, and because justice to which it would seem more particularly opposed, always requires an act, even in declining from evil, as stated above (A[1], ad 2), while omission may be altogether without act. Therefore omission is not a special sin.

On the contrary, It is written (James 4:17): "To him . . . who knoweth to do good and doth it not, to him it is sin."

I answer that, omission signifies the non-fulfilment of a good, not indeed of any good, but of a good that is due. Now good under the aspect of due belongs properly to justice; to legal justice, if the thing due depends on Divine or human law; to special justice, if the due is something in relation to one's neighbor. Wherefore, in the same way as justice is a special virtue, as stated above (Q[58], AA[6],7), omission is a special sin distinct from the sins which are opposed to the other virtues; and just as doing good, which is the opposite of omitting it, is a special part of justice, distinct from avoiding evil, to which transgression is opposed, so too is omission distinct from transgression.

Reply to Objection 2: Omission is not original but actual sin, not as though it had some act essential to it, but for as much as the negation of an act is reduced to the genus of act, and in this sense non-action is a kind of action, as stated above (FS, Q[71], A[6], ad 1).

Reply to Objection 2: Omission, as stated above, is only of such good as is due and to which one is bound. Now no man is bound to the impossible: wherefore no man sins by omission, if he does not do what he cannot. Accordingly she who is violated after vowing virginity, is guilty of an omission, not through not having virginity, but through not repenting of her past sin, or through not doing what she can to fulfil her vow by observing continence. Again a priest is not bound to say Mass, except he have a suitable opportunity, and if this be lacking, there is no omission. And in like manner, a person is bound to restitution, supposing he has the wherewithal; if he has not and cannot have it, he is not guilty of an omission, provided he does what he can. The same applies to other similar cases.

Reply to Objection 3: Just as the sin of transgression is opposed to negative precepts which regard the avoidance of evil, so the sin of omission is opposed to affirmative precepts, which regard the doing of good. Now affirmative precepts bind not for always, but for a fixed time, and at that time the sin of omission begins. But it may happen that then one is unable to do what one ought, and if this inability is without any fault on his part, he does not omit his duty, as stated above (ad 2; FS, Q[71], A[5]). On the other hand if this inability is due to some previous fault of his (for instance, if a man gets drunk at night, and cannot get up for matins, as he ought to), some say that the sin of omission begins when he engages in an action that is illicit and incompatible with the act to which he is bound. But this does not seem to be true, for supposing one were to rouse him by violence and that he went to matins, he would not omit to go, so that, evidently, the previous drunkenness was not an omission, but the cause of an omission. Consequently, we must say that the omission begins to be imputed to him as a sin, when the time comes for the action; and yet this is on account of a preceding cause by reason of which the subsequent omission becomes voluntary.

Reply to Objection 4: Omission is directly opposed to justice, as stated above; because it is a non-fulfilment of a good of virtue, but only under the aspect of due, which pertains to justice. Now more is required for an act to be virtuous and meritorious than for it to be sinful and demeritorious, because "good results from an entire cause, whereas evil arises from each single defect" [*Dionysius, De Div. Nom. iv]. Wherefore the merit of justice requires an act, whereas an omission does not.

Art. 4 - Whether a sin of omission is more grievous than a sin of transgression?
Objection 1: It would seem that a sin of omission is more grievous than a sin of transgression. For "delictum" would seem to signify the same as "derelictum" [*Augustine, QQ. in Levit., qu. xx], and therefore is seemingly the same as an omission. But "delictum" denotes a more grievous offence than transgression, because it deserves more expiation as appears from Lev. 5. Therefore the sin of omission is more grievous than the sin of transgression.

Objection 2: Further, the greater evil is opposed to the greater good, as the Philosopher declares (Ethic. viii, 10). Now to do good is a more excellent part of justice, than to decline from evil, to which transgression is opposed, as stated above (A[1], ad 3). Therefore omission is a graver sin than transgression.

Objection 3: Further, sins of transgression may be either venial or mortal. But sins of omission seem to be always mortal, since they are opposed to an affirmative precept. Therefore omission would seem to be a graver sin than transgression.

Objection 4: Further, the pain of loss which consists in being deprived of seeing God and is inflicted for the sin of omission, is a greater punishment than the pain of sense, which is inflicted for the sin of transgression, as Chrysostom states (Hom. xxiii super Matth.). Now punishment is proportionate to fault. Therefore the sin of omission is graver than the sin of transgression.

On the contrary, It is easier to refrain from evil deeds than to accomplish good deeds. Therefore it is a graver sin not to refrain from an evil deed, i.e. "to transgress," than not to accomplish a good deed, which is "to omit."

I answer that, The gravity of a sin depends on its remoteness from virtue. Now contrariety is the greatest remoteness, according to Metaph. x [*Didot. ed. ix, 4]. Wherefore a thing is further removed from its contrary than from its simple negation; thus black is further removed from white than not-white is, since every black is not-white, but not conversely. Now it is evident that transgression is contrary to an act of virtue, while omission denotes the negation thereof: for instance it is a sin of omission, if one fail to give one's parents due reverence, while it is a sin of transgression to revile them or injure them in any way. Hence it is evident that, simply and absolutely speaking, transgression is a graver sin than omission, although a particular omission may be graver than a particular transgression.

Reply to Objection 1: "Delictum" in its widest sense denotes any kind of omission; but sometimes it is taken strictly for the omission of something concerning God, or for a man's intentional and as it were contemptuous dereliction of duty: and then it has a certain gravity, for which reason it demands a greater expiation.

Reply to Objection 2: The opposite of "doing good" is both "not doing good," which is an omission, and "doing evil," which is a transgression: but the first is opposed by contradiction, the second by contrariety, which implies greater remoteness: wherefore transgression is the more grievous sin.

Reply to Objection 3: Just as omission is opposed to affirmative precepts, so is transgression opposed to negative precepts: wherefore both, strictly speaking, have the character of mortal sin. Transgression and omission, however, may be taken broadly for any infringement of an affirmative or negative precept, disposing to the opposite of such precept: and so taking both in a broad sense they may be venial sins.

Reply to Objection 4: To the sin of transgression there correspond both the pain of loss on account of the aversion from God, and the pain of sense, on account of the inordinate conversion to a mutable good. In like manner omission deserves not only the pain of loss, but also the pain of sense, according to Mat. 7:19, "Every tree that bringeth not forth good fruit shall be cut down, and shall be cast into the fire"; and this on account of the root from which it grows, although it does not necessarily imply conversion to any mutable good.


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/472

 90 STAT. 422

Penalties. Investigations.

Warrant.

Costs, recovery.

Definitions.

^ntiill,

PUBLIC LAW 9 4 - 2 7 9 — A P R. 22, 1976 " (c) I t shall be unlawful for any person to knowingly use the mail service of the United States Postal Service or any interstate instrumentality for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States. " (d) Notwithstanding the provisions of subsections (a), (b), or (c) of this section, the activities prohibited by such subsections shall be unlawful with respect to fighting ventures involving live birds only if the fight is to take place in a State where it would be in violation of the laws thereof. " (e) Any person who violates subsection (a), (b), or (c) shall be fined not more than $5,000 or imprisoned for not more than 1 year, or both, for each such violation. " (f) The Secretary or any other person authorized by him shall make such investigations as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section, and the Secretary may obtain the assistance of the Federal Bureau of Investigation, the Department of the Treasury, or other law enforcement agencies of the United States, and State and local governmental agencies, in the conduct of such investigations, under cooperative agreements with such agencies. A w a r r a n t to search for and seize any animal which there is probable cause to believe was involved in any violation of this section may be issued by any judge of the United States or of a State court of record or by a United States magistrate within the district wherein the animal sought is located. Any United States marshal or any person authorized under this section to conduct investigations may apply for and execute any such warrant, and any animal seized under such a w a r r a n t shall be held by the United States marshal or other authorized person pending disposition thereof by the court in accordance with this paragraph (f). Necessary care including veterinary treatment shall be provided while the animals are so held in custody. Any animal involved in any violation of this section shall be liable to be proceeded against and forfeited to the United States at any time on complaint filed in any United States district court or other court of the United States for any jurisdiction in which the animal is found and upon a judgment of forfeiture shall be disposed of by sale for lawful purposes or by other humane means, as the court may direct. Costs incurred by the United States for care of animals seized and forfeited under this section shall be recoverable from the owner of the animals if he appears in such forfeiture proceeding or in a separate civil action brought in the jurisdiction in which the owner is found, resides, or transacts business. " (g) For purposes of this section— " (1) the term 'animal fighting venture' means any event which involves a fight between at least two animals and is conducted for purposes of sport, wagering, or entertainment except that the term 'animal fighting venture' shall not be deemed to include any activity the p r i m a r y purpose of which involves the use of one or more animals in h u n t i n g another animal or animals, such as waterfowl, bird, raccoon, or fox h u n t i n g; " (2) the term 'interstate or foreign commerce' means— " (A) any movement between any place in a State to any place in another State or between places in the same State through another State; or " (B) any movement from a foreign country into any State; " (3) the term 'interstate instrumentality' means telegraph, telephone, radio, or television operating in interstate or foreign commerce:

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/473

 PUBLIC LAW 94-279—APR. 22, 1976 "(4) the term 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; "(5) the term 'animal' means any live bird, or any live dog or other mammal, except man; and "(6) the conduct by any person of any activity prohibited by this section shall not render such person subject to the other sections of this Act as a dealer, exhibitor, or otherwise. "(h)(1) The provisions of this Act shall not supersede or otherwise invalidate any such State, local, or municipal legislation or ordinance relating to animal fighting ventures except in case of a direct and irreconcilable conflict between any requirements thereunder and this Act or any rule, regulation, or standard hereunder. "(2) Section 3001(a) of title 39, United States Code, is amended by adding immediately after the words 'title 18' a comma and the words 'or section 26 of the Animal Welfare Act'.". SEC. 18. Section 23 of such Act is amended by inserting immediately before the period at the end of the third sentence ": Provided, That there is authorized to be appropriated to the Secretary of Agriculture for enforcement by the Department of Agriculture of the provisions of section 26 of this Act an amount not to exceed $100,000 for the transition quarter ending September 30, 1976, and not to exceed $400,000 for each fiscal year thereafter". SEC. 19. Section 14 of such Act is amended by inserting in the first sentence after the term "standards" the phrase "and other requirements". Approved April 22, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-801 accompanying H.R. 5808 (Comm. on Agriculture) and No. 94-976 (Comm. of eonference). SENATE REPORTS: No. 94-580 (Comm. on eommerce) and No. 94-727 (Comm. of eonference). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 18, considered and passed Senate. Vol. 122 (1976): Feb. 9, considered and passed House, amended, in lieu of H.R. 5808. Apr. 6, House agreed to conference report. Apr. 7, Senate agreed to conference report.

90 STAT. 423

Ante, p. 421. 7 USC 2153. Appropriation authorization.

7 USC 2144.

�


text: Page:United States Statutes at Large Volume 90 Part 1.djvu/474


text:
Summa Theologiae/Second Part of the Second Part/Question 80

Question. 80 - OF THE POTENTIAL PARTS OF JUSTICE (ONE ARTICLE)
We must now consider the potential parts of justice, namely the virtues annexed thereto; under which head there are two points of consideration:

(1) What virtues are annexed to justice?

(2) The individual virtues annexed to justice.

Art. 1 - Whether the virtues annexed to justice are suitably enumerated?
Objection 1: It would seem that the virtues annexed to justice are unsuitably enumerated Tully [*De Invent. ii, 53] reckons six, viz. "religion, piety, gratitude, revenge, observance, truth." Now revenge is seemingly a species of commutative justice whereby revenge is taken for injuries inflicted, as stated above (Q[61], A[4]). Therefore it should not be reckoned among the virtues annexed to justice.

Objection 2: Further, Macrobius (Super Somn. Scip. i, 8) reckons seven, viz. "innocence, friendship, concord, piety, religion, affection, humanity," several of which are omitted by Tully. Therefore the virtues annexed to justice would seem to be insufficiently enumerated.

Objection 3: Further, others reckon five parts of justice, viz. "obedience" in respect of one's superiors, "discipline" with regard to inferiors, "equity" as regards equals, "fidelity" and "truthfulness" towards all; and of these "truthfulness" alone is mentioned by Tully. Therefore he would seem to have enumerated insufficiently the virtues annexed to justice.

Objection 4: Further, the peripatetic Andronicus [*De Affectibus] reckons nine parts annexed to justice viz. "liberality, kindliness, revenge, commonsense, [*{eugnomosyne}] piety, gratitude, holiness, just exchange" and "just lawgiving"; and of all these it is evident that Tully mentions none but "revenge." Therefore he would appear to have made an incomplete enumeration.

Objection 5: Further, Aristotle (Ethic. v, 10) mentions {epieikeia} as being annexed to justice: and yet seemingly it is not included in any of the foregoing enumerations. Therefore the virtues annexed to justice are insufficiently enumerated.

I answer that, Two points must be observed about the virtues annexed to a principal virtue. The first is that these virtues have something in common with the principal virtue; and the second is that in some respect they fall short of the perfection of that virtue. Accordingly since justice is of one man to another as stated above (Q[58], A[2]), all the virtues that are directed to another person may by reason of this common aspect be annexed to justice. Now the essential character of justice consists in rendering to another his due according to equality, as stated above (Q[58], A[11]). Wherefore in two ways may a virtue directed to another person fall short of the perfection of justice: first, by falling short of the aspect of equality; secondly, by falling short of the aspect of due. For certain virtues there are which render another his due, but are unable to render the equal due. In the first place, whatever man renders to God is due, yet it cannot be equal, as though man rendered to God as much as he owes Him, according to Ps. 115:12, "What shall I render to the Lord for all the things that He hath rendered to me?" In this respect "religion" is annexed to justice since, according to Tully (De invent. ii, 53), it consists in offering service and ceremonial rites or worship to "some superior nature that men call divine." Secondly, it is not possible to make to one's parents an equal return of what one owes to them, as the Philosopher declares (Ethic. viii, 14); and thus "piety" is annexed to justice, for thereby, as Tully says (De invent. ii, 53), a man "renders service and constant deference to his kindred and the well-wishers of his country." Thirdly, according to the Philosopher (Ethic. iv, 3), man is unable to offer an equal meed for virtue, and thus "observance" is annexed to justice, consisting according to Tully (De invent. ii, 53) in the "deference and honor rendered to those who excel in worth."

A falling short of the just due may be considered in respect of a twofold due, moral or legal: wherefore the Philosopher (Ethic. viii, 13) assigns a corresponding twofold just. The legal due is that which one is bound to render by reason of a legal obligation; and this due is chiefly the concern of justice, which is the principal virtue. On the other hand, the moral due is that to which one is bound in respect of the rectitude of virtue: and since a due implies necessity, this kind of due has two degrees. For one due is so necessary that without it moral rectitude cannot be ensured: and this has more of the character of due. Moreover this due may be considered from the point of view of the debtor, and in this way it pertains to this kind of due that a man represent himself to others just as he is, both in word and deed. Wherefore to justice is annexed "truth," whereby, as Tully says (De invent. ii, 53), present, past and future things are told without perversion. It may also be considered from the point of view of the person to whom it is due, by comparing the reward he receives with what he has done---sometimes in good things; and then annexed to justice we have "gratitude" which "consists in recollecting the friendship and kindliness shown by others, and in desiring to pay them back," as Tully states (De invent. ii, 53)---and sometimes in evil things, and then to justice is annexed "revenge," whereby, as Tully states (De invent. ii, 53), "we resist force, injury or anything obscure* by taking vengeance or by self-defense." [*St. Thomas read 'obscurum,' and explains it as meaning 'derogatory,' infra Q[108], A[2]. Cicero, however, wrote 'obfuturum,' i.e. 'hurtful.']

There is another due that is necessary in the sense that it conduces to greater rectitude, although without it rectitude may be ensured. This due is the concern of "liberality," "affability" or "friendship," or the like, all of which Tully omits in the aforesaid enumeration because there is little of the nature of anything due in them.

Reply to Objection 1: The revenge taken by authority of a public power, in accordance with a judge's sentence, belongs to commutative justice: whereas the revenge which a man takes on his own initiative, though not against the law, or which a man seeks to obtain from a judge, belongs to the virtue annexed to justice.

Reply to Objection 2: Macrobius appears to have considered the two integral parts of justice, namely, "declining from evil," to which "innocence" belongs, and "doing good," to which the six others belong. Of these, two would seem to regard relations between equals, namely, "friendship" in the external conduct and "concord" internally; two regard our relations toward superiors, namely, "piety" to parents, and "religion" to God; while two regard our relations towards inferiors, namely, "condescension," in so far as their good pleases us, and "humanity," whereby we help them in their needs. For Isidore says (Etym. x) that a man is said to be "humane, through having a feeling of love and pity towards men: this gives its name to humanity whereby we uphold one another." In this sense "friendship" is understood as directing our external conduct towards others, from which point of view the Philosopher treats of it in Ethic. iv, 6. "Friendship" may also be taken as regarding properly the affections, and as the Philosopher describes it in Ethic. viii and ix. In this sense three things pertain to friendship, namely, "benevolence" which is here called "affection"; "concord," and "beneficence" which is here called "humanity." These three, however, are omitted by Tully, because, as stated above, they have little of the nature of a due.

Reply to Objection 3: "Obedience" is included in observance, which Tully mentions, because both reverential honor and obedience are due to persons who excel. "Faithfulness whereby a man's acts agree with his words" [*Cicero, De Repub. iv, De Offic. i, 7], is contained in "truthfulness" as to the observance of one's promises: yet "truthfulness" covers a wider ground, as we shall state further on (Q[109], AA[1],3). "Discipline" is not due as a necessary duty, because one is under no obligation to an inferior as such, although a superior may be under an obligation to watch over his inferiors, according to Mat. 24:45, "A faithful and wise servant, whom his lord hath appointed over his family": and for this reason it is omitted by Tully. It may, however, be included in humanity mentioned by Macrobius; and equity under {epieikeia} or under "friendship."

Reply to Objection 4: This enumeration contains some belonging to true justice. To particular justice belongs "justice of exchange," which he describes as "the habit of observing equality in commutations." To legal justice, as regards things to be observed by all, he ascribes "legislative justice," which he describes as "the science of political commutations relating to the community." As regards things which have to be done in particular cases beside the general laws, he mentions "common sense" or "good judgment*," which is our guide in such like matters, as stated above (Q[51], A[4]) in the treatise on prudence: wherefore he says that it is a "voluntary justification," because by his own free will man observes what is just according to his judgment and not according to the written law. [*St. Thomas indicates the Greek derivation: {eugnomosyne} quasi 'bona {gnome}.'] These two are ascribed to prudence as their director, and to justice as their executor. {Eusebeia} [piety] means "good worship" and consequently is the same as religion, wherefore he says that it is the science of "the service of God" (he speaks after the manner of Socrates who said that 'all the virtues are sciences') [*Aristotle, Ethic. vi, 13]: and "holiness" comes to the same, as we shall state further on (Q[81], A[8]). {Eucharistia} (gratitude) means "good thanksgiving," and is mentioned by Macrobius: wherefore Isidore says (Etym. x) that "a kind man is one who is ready of his own accord to do good, and is of gentle speech": and Andronicus too says that "kindliness is a habit of voluntary beneficence." "Liberality" would seem to pertain to "humanity."

Reply to Objection 5: {Epieikeia} is annexed, not to particular but to legal justice, and apparently is the same as that which goes by the name of {eugnomosyne} [common sense].


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/475

 PUBLIC LAW 94-280—MAY 5, 1976

Public Law 94-280 94th Congress

90 STAT. 425

An Act

To authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes.

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

SEC. 101. This title may be cited as the "Federal-Aid Highway Act of 1976".

May 5, 1976 [H.R. 8235]

Highway construction andl safety. Appropriation authorization. Federal-Aid Highway Act of 1976. 23 USC 101 note

REVISION o r AUTHORIZATION FOR APPROPRIATIONS FOR THE INTERSTATE SYSTEM

SEC. 102. (a) Subsection (b) of section 108 of the Federal-Aid Hisrhway Act of 1956, as amended, is amended by striking out "the 23 USC 101 note additional sum of $3,260,000,000 for the fiscal year ending June 30, 1978, and the additional sum of $3,250,000,000 for the fiscal year ending June 30, 1979.", and by inserting in lieu thereof the following: "the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1978, the additional sum of $3,250,000,000 for the fiscal year ending September 30, 1979, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1980, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1981, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1982, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1983, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1984, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1985, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1986, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1987, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1988, the additional sum of $3,625,000,000 for the fiscal year ending September 30, 1989, and the additional sum of $3,626,000,000 for the fiscal year ending September 30, 1990.". (b)(1) At least 30 per centum of the apportionment made to each State for each of the fiscal years ending September 30, 1978. and September 30, 1979, of the sums authorized in subsection (a) of this section shall be expended by such State for projects for the construction of intercity portions (including belt ways) which will close essential gaps in the Interstate System and provide a continuous System. (2) The Secretary of Transportation shall report to Congress before Report to October 1, 1976, on those intercity portions of the Interstate System Congress, the construction of which would be needed to close essential gaps in the System. (3) A State which does not have sufficient projects to meet the 30 per centum requirement of paragraph (1) of this subsection may, upon approval of the Secretary of Transportation, be exempt from the requirements of such paragraph to the extent of such inability.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/476

 90 STAT. 426

PUBLIC LAW 94-280—MAY 5, 1976

(c) No part of the funds authorized by section 108(b) of the Fed23 USC 101 note. eral-Aid Highway Act of 1956, as amended, for the Interstate System, shall be obligated for any project for resurfacing, restoring, or rehabilitating any portion of the Interstate System. AUTHORIZATION OF USE OF COST ESTIMATES FOR APPORTIGlSrMENT OF INTERSTATE FUNDS

23 USC 101 note.

SEC. 103. The Secretary of Transportation shall apportion for the fiscal year ending September 30, 1978, the sums authorized to be appropriated for such periods by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of Committee Print 94-38 of the Committee on Public Works and Transportation of the House of Representatives. TRANSITION QUARTER AUTHORIZATION

.310,- •

23 USC 142.

SEC. 104. (a) There is hereby authorized to be appropriated, out of the Highway Trust Fund, $1,637,390,000 for the transition quarter ending September 30, 1976, for those projects authorized by title 23 of the United States Code, the approval of which creates a contractual obligation of the United States for payment out of the Highway Trust Fund of the Federal share of such projects except those authorized by section 142 of such title, and those on the Interstate System (other than as permitted in subsection (b)). Such sums shall be apportioned or allocated on the date of enactment of this Act among the States, as follows: (1) 60 per centum according to the formula established under section 104(b)(1) of title 23, United States Code, as such section is in effect on the day preceding the date of enactment of this Act. (2) 40 per centum in the ratio which the population of each State bears to the total population of all the States shown by the latest available Federal census. (b) Any State which received less than one-half of 1 per centum of the apportionment made under section 104(b)(5) of title 23, United States Code, for the Interstate System for fiscal year 1977 may expend all or any part of its apportionment under this section for projects on the Interstate System in such State. (c) There is hereby authorized to be appropriated out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $8,250,000 for forest highways, and $4,000,000 for public lands highways. Such sums shall be apportioned or allocated on the date of enactment of this Act in accordance with section 202 of title 23, United States Code. (d) There is authorized to be appropriated, out of the Highway Trust Fund, for the transition quarter ending September 30, 1976, $120,000 to the Virgin Islands, $120,000 to Guam, and $120,000 to American Samoa, for projects and programs under sections 152. 153, and 402 of title 23, United States Code, such sums shall be apportioned on the date of enactment of this Act in accordance with section 402(c) of title 23, United States Code.

�


text:
Page:United States Statutes at Large Volume 90 Part 1.djvu/477

 PUBLIC LAW 94-280—MAY 5, 1976 HIGHWAY

90 STAT. 427

AUTHORIZATIONS

SEC. 105. (a) For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated: (1) For the Federal-aid primary system in rural areas, including the extensions of the Federal-aid primary system in urban areas, and the priority primary routes, out of the Highway Trust Fund, $1,350,000,000 for the fiscal year ending September 30, 1977, and $1,350,000,000 for the fiscal year ending September 30, 1978. For the Federal-aid secondary system in rural areas, out of the Highway Trust Fund, $400,000,000 for the fiscal year ending September 30, 1977, and $400,000,000 for the fiscal year ending September 30, 1978. (2) For the Federal-aid urban system, out of the Highway Trust Fund, $800,000,000 for the fiscal year ending September 30, 1977, and $800,000,000 for the fiscal year ending September 30, 1978. (3) For forest highways, out of the Highway Trust Fund, $33,000,000 for the fiscal year ending September 30, 1977, and $33,000,000 for the fiscal year ending September 30, 1978. (4) For public lands highways, out of the Highway Trust Fund, $16,000,000 for the fiscal year ending September 30, 1977, and $16,000,000 for the fiscal year ending September 30, 1978. (5) For forest development roads and trails, $35,000,000 for the three-month period ending September 30, 1976, $140,000,000 for the fiscal year ending September 30, 1977, and $140,000,000 for the fiscal year ending September 30, 1978. (6) For public lands development roads and trails, $2,500,000 for the three-month period ending September 30, 1976, $10,000,000 for the fiscal year ending September 30, 1977, and $10,000,000 for the fiscal year ending September 30, 1978. (7) For park roads and trails, $7,500,000 for the three-month period ending September 30, 1976, $30,000,000 for the fiscal year ending September 30, 1977, and $30,000,000 for the fiscal year ending September 30, 1978. (8) For parkways, $11,250,000 for the three-month period ending September 30, 1976, $45,000,000 for the fiscal year ending September 30, 1977, and $45,000,000 for the fiscal year ending September 30, 1978, except that the entire cost of any parkway project on any Federalaid system paid under the authorization contained in this paragraph shall be paid from the Highway Trust Fund. (9) For Indian reservation roads and bridges, $20,750,000 for the three-month period ending September 30, 1976, $83,000,000 for the fiscal year ending September 30, 1977, and $83,000,000 for the fiscal year ending September 30, 1978. (10) For economic growth center development highways under section 143 of title 23, United States Code, out of the Highway Trust Fund, $50,000,000 for the fiscal year ending September 30, 1977, and $50,000,000 for the fiscal year ending September 30, 1978. (11) For necessary administrative expenses in carrying out section 131 and section 136 of title 23, United States Code, $375,000 for the three-month period ending September 30, 1976, $1,500,000 for the fiscal year ending September 30, 1977, and $1,500,000 for the fiscal year ending September 30, 1978. (12) For carrying out section 215(a) of title 23, United States 23 USC 215 note. Code—

�