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 90 STAT. 1454

PUBLIC LAW 94-440—OCT. 1, 1976 pests without regard to section 3709 of the Revised Statutes as amended; to be expended under the control and supervision of the Architect of the Capitol in all $10,408,000, of which $980,000 shall remain available until expended. Not to exceed $120,000 of the unobligated balance of the appropriation under this head for the fiscal year 1975, continued available until June 30, 1976, is hereby continued available until September 30, 1977.

41 USC 5.

SENATE GARAGE

For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $139,500. HOUSE OFFICE BUILDINGS

•!'

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by law (5 TJ.S.C. 5901-5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services, including the position of Superintendent of Garages as authorized by law, $14,448,000, of which $2,065,000 shall remain available until expended. CAPITOL POWER PLANT

For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for airconditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant, $11,172,000. MODIFICATIONS

f:gv

AND

ENLARGEMENT,

CAPITOL

POWER

PLANT

For an additional amount for "Modifications and Enlargement, Capitol Power Plant", $12,000,000, to remain available until expended, and the limit of cost authorized by Public Law 93-50 (87 Stat. 109110) for such project is increased by such additional amount. LIBRARY BUILDINGS AND GROUNDS STRUCTURAL AND MECHANICAL CARE

'-•

For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $2,241,200, of which $150,000 shall remain available until expended. Not to exceed $71,000 of the unobligated balance of the appropriation under this head for the fiscal year 1976 is hereby continued available until September 30, 1977. AUTOMATIC ELEVATOR OPERATORS

No part of the funds appropriated under this Act shall be used for the payment of compensation for more than forty-six elevator

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 PUBLIC LAW 9 4 - 4 4 0 — O C T. 1, 1976

90 STAT. 1455

operator positions under the heading "Architect of the Capitol, Capitol B u i l d i n g s "; sixteen elevator operator positions under the heading "Architect of the Capitol, Senate Office B u i l d i n g s "; and twenty-eight elevator operator positions under the heading "Architect of the Capitol, House Office B u i l d i n g s ": Provided, That such provision shall not be applicable to present incumbents of elevator operator positions. TITLE VII BOTANIC GARDEN SALARIES AND E X P E N S E S

For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing a p p a r e l; not to exceed $25 for emergency medical supplies; traveling expenses, includi n g bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor t r u c k s; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library, $1,164,900. TITLE VIII LIBEARY OF CONGRESS SALARIES AND E X P E N S E S

For necessary expenses of the L i b r a r y of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the L i b r a r y Buildings; special clothing; cleaning, laundering, and repair of uniforms; preservation of motion pictures in the custody of the L i b r a r y; for the National Program for Acquisition and Cataloging of L i b r a r y material; and expenses of the L i b r a r y of Congress T r u s t F u n d Board not properly chargeable to the income of any trust fund held by the B o a r d, $66,978,000. COPYRIGHT

OFFICE

SALARIES AND EXPENSES

For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $9,408,300: Provided, That $1,683,000 of this appropriation shall be available only upon enactment into law of S. 22 or equivalent legislation.

Post, p. 2541. 17 USC 101 et seq.

NATIONAL COMMISSION ON N E W TECHNOLOGICAL OF COPYRIGHTED W O R K S

USES

SALARIES AND EXPENSES

For necessary expenses of the National Commission on New Technological Uses of Copyrighted Works, $559,500.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1506

 90 STAT. 1456

PUBLIC LAW 94-440—OCT. 1, 1976 CONGRESSIONAL RESEARCH SERVICE SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166), $19,293,200: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. DISTRIBUTION or

CATALOG CARDS

SALARIES AND

EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $11,993,000. BOOKS FOR THE GENERAL COLLECTIONS

For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $1,760,000, to remain available until expended, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections.

, '

BOOKS FOR THE LAW LIBRARY

.

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $286,000, to remain available until expended. BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED SALARIES A N D

EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $21,729,000. COLLECTION AND DISTRIBUTION OF LIBRARY MATERIALS (SPECIAL FOREIGN CURRENCY PROGRAM)

For necessary expenses for carrying out the provisions of section 104(b)(5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,910,200, of which $2,680,200 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States. FURNITURE AND FURNISHINGS

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $2,942,000, of which $1,729,000 shall be available until expended only for the purchase and

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 PUBLIC LAW 94-440—OCT. 1, 1976

90 STAT. 1457

supply of furniture, book stacks, shelving, furnishings, and related costs necessary for the initial outfitting of the James Madison Memorial Library Building. KEVISION or ANNOTATED CONSTITUTION SALARIES AND EXPENSES

For necessary expenses to enable the Librarian to revise and extend the Annotated Constitution of the United States of America, $36,000, to remain available until expended. ADMINISTRATIVE PROVISIONS

SEC. 801. Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of personnel security and suitability investigations of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as authorized by 5 U.S.C. 3109. SEC. 802. Not to exceed fifteen positions in the Library of Congress Aliens, may be exempt from the provisions of appropriation acts concerning employment. the employment of aliens during the current fiscal year, but the 2 USC 169. Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress. SEC. 803. Funds available to the Library of Congress may be 2 USC 143a, expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles; for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9), 911(11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively); and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-196, 22 U.S.C. 2396(b)); subject to such rules and regulations as may be issued by the Librarian of Congress. SEC. 804. Payments in advance for subscriptions or other charges Advance for bibliographical data, publications, materials in any other form, payments. and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs. SEC. 805. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $92,000, when specifically authorized by the Librarian, for expenses of attendance

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 90 STAT. 1458

2 USC 142e.

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!,,^: \

PUBLIC LAW 94-440—OCT. 1, 1976 at meetings concerned with the function or activity for which the appropriation is made. SEC. 806. Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas m the District of Columbia outside the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds w ithout regard to the limitations imposed by 31 U.S.C. 638a(c)(2). SEC. 807. Funds available to the Library of Congress may be expended to purchase, lease, maintain, and otherwise acquire automalic data processing equipment without regard to the provisions of 40 U.S.C. 759. SEC. 808. The Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Congressional Budget Office, and the Library of Congress shall provide financial management support to the Congressional Budget Office as may be required and mutually agreed to by the Librarian of Congress and the Director of the Congressional Budget Office. All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Congressional Budget Office duly authorized in writing by the Director of the Congressional Budget Office to certify payments from appropriations of the Congressional Budget Office. The Congressional Budget Office certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 66 of title 49, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deduction. (Public Law 85-53, paragraph 3, June 13, 1957, 71 Stat. 81.) The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Congressional Budget Office.

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 PUBLIC LAW 94-440—OCT. 1, 1976

'

90 STAT. 1459

TITLE IX COPYRIGHT ROYALTY COMMISSION SALARIES AND EXPENSES

For necessary expenses of the Copyright Royalty Commission, $268,000, which shall be available only upon enactment into law of S. 22 or equivalent legislation.

j.

TITLE X GOVERNMENT PRINTING OFFICE PRINTING AND BINDING

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509, 1510); and printing and binding of Government publications authorized by law to be distributed without charge to the recipient, $93,639,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. Hereafter, notwithstanding any other provisions of law, appropria- 44 USC 728 note, tions for the automatic distribution to Senators and Representatives (including Delegates to Congress and the Resident Commissioner from Puerto Rico) of copies of the United States Statutes at Large shall not be available with respect to any Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive copies of such document. OFFICE OF SUPERINTENDENT OF DOCUMENTS SALARIES AND EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300): Provided, That expenditures in connection with travel expenses of the Depository Library Council to the Public Printer shall be deemed necessary to carry out the provisions of chapter 19 of title 44, United States Code; price lists and bibliographies; repairs to buildings, 44 USC 1901 elevators, and machinery; and supplying books to depository libraries; ^^ *^9$47,188,400: Provided, That $300,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1510

 90 STAT. 1460

PUBLIC LAW 9 4 - 4 4 0 — O C T. 1, 1976 GOVERNMENT P R I N T I N G OFFICE REVOLVING F U N D

31 USC 849.

The Government P r i n t i n g Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the "Government P r i n t i n g Office revolving f u n d ": Provided, That not to exceed $3,500 may be expended on the certification of the Public P r i n t e r in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further, That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle: Provided further, That funds available to the Government P r i n t i n g Office may be expended to purchase, lease, maintain and otherwise acquire automatic data processing equipment without regard to the provisions of 40 U.S.C. 759: Provided further, That funds available to the Government P r i n t i n g Office may be expended to maintain, repair, purchase, lease, and otherwise acquire any motor vehicle without regard to the provision of 31 U.S.C. 638a. TITLE XI GENERAL ACCOUNTING OFFICE SALARIES AND E X P E N S E S

For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed 5 USC 5332 note, the per diem rate equivalent to the rate for grade G S - 1 8; hire of one passenger motor vehicle; advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under section 911(9), 911(11) and 942(a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A. I. D. projects, by the Administrator of the Agency for International Development— or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87-195, 22 U.S.C. 2 3 9 6 (b)), $150,580,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program ( J F M I P) shall be available to finance an a p p r o p r i a t e share of J F M I P costs as determined by the J F M I P, including but not limited to the salary of the Executive Secretary and secretarial s u p p o r t: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental A u d i t For u m or a Regional Intergovernmental A u d i t For u m shall be available to finance an appropriate share of For u m costs as determined by the For u m, including necessary travel expenses of non-Federal participants. Payments hereunder to either the For u m or the J F M I P may be

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 PUBLIC LAW 94-440—OCT. 1, 1976

90 STAT. 1461

credited as reimbursements to any appropriation from which costs involved are initially financed. TITLE XII COST-ACCOUNTING STANDAEDS BOARD SALARIES AND EXPENSES

For expenses of the Cost-Accounting Standards Board necessary to carry out the provisions of section 719 of the Defense Production Act of 1950, as amended (Public Law 91-379, approved August 15, 1970), $1,700,000. TITLE X III

50 USC app. 2168.

GENERAL PROVISIONS SEC. 1301. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration. SEC. 1302. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein 46 Stat. 32. or whenever the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto. SEC. 1303. No part of any appropriation contained in this Act shall Fiscal year remain available for obligation beyond the current fiscal year unless limitation. expressly so provided herein. SEC. 1304. Notwithstanding any other provision of law, none of the funds in this Act shall be used to pay Pages of the House of Representatives at a gross annual maximum rate of compensation in excess of that in effect on June 30, 1975. Effective October 1, 1976, - ' • • i; the gross annual maximum rate of compensation of Pages of the Senate shall be $9,063, and such rate shall not be adjusted under any Order of the President pro tempore of the Senate issued under authority of section 4 of the Federal Pay Comparability Act of 1970, 2 USC 60a notes, except to the multiple specified in any such Order which is nearest to but not less than $9,060. SEC. 1305. (a) The Sergeant at Arms and Doorkeeper of the Senate and Sergeant at Arms or the House may (1) designate as a private, first class, any private of the Capitol Police whose pay is disbursed by the Secretary of the Senate or Clerk of the House who has served satisfactorily as a member of the Capitol Police for thirty months or more, and (2) fix the compensation of any such private, first class, at not to exceed $13,038 per annum: Provided, That the Sergeant at Arms of the House may fix the compensation of seven Detectives, Police Force at not to exceed $14,946 per annum each in lieu of not to exceed $13,992 per annum each; nineteen Technicians, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each; eight Plainclothesmen, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum

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 90 STAT. 1462

Effective date.

PUBLIC LAW 94-440—OCT. 1, 1976

. each; and six K-9 Officers, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each. (b) Subsection (a) shall take effect on October 1, 1976. Any designation of a private of the Capitol Police as a private, first class, shall be made effective on the first day of a month, and no such designation may be effective before the first day of the first month which begins after the day on which such private has served satisfactorily as a member of the Capitol Police for thirty months. COST OF LIVING

Effective date. 5 USC 8340 note.

Effective date. 5 USC 8340 note.

ADJUSTMENTS

SEC. 1306. (a) Section 8340(b) of title 5, United States Code, is amended by striking out "1 percent plus". (b) The amendment made by subsection (a) shall apply to any increase in annuities after the date of enactment of this Act. (c)(1) Section 8340(b) of title 5, United States Code, as amended by subsection (a), is amended to read as follows: "(b)(1) The Commission shall— "(A) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for December of the preceding year over the price index published for June of the preceding year, and " (B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year, "(2) If in any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the price index, then— "(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent, or "(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), each annuity payable from the Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent.". (2) The amendment made by subsection (1) shall apply to any increase in annuities after the date of enactment of this Act, except that with respect to the first date after the date of enactment of this Act on which the Commission is to determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the last month prior to the date of enactment of this Act for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase under section 8340(b) of title 5, United States Code, as in effect immediately prior to the date of the enactment of this Act. (d)(1) Section 1401a (b) of title 10, United States Code, is amended to read as follows: "(b)(1) The Secretary of Defense shall— "(A) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the index published for December of the preceding year over the index published for June of the preceding year; and

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 PUBLIC LAW 94-440—OCT. 1, 1976 " (B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the index published for June of such year over the index published for December of the previous year. "(2) If in any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the index, then— "(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), the retired pay and retainer pay of members and former members of the armed forces who become entitled to that pay before such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent; and "(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), the retired pay and retainer pay of members and former members of the armed forces who become entitled to that pay before such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent.". (2) The amendment made by subsection (1) shall apply to any increase in retired pay or retainer pay after the date of enactment of this Act, except that with respect to the first date after the date of enactment of this Act on which the Secretary of Defense is to determine a percent change, such percent change shall be determined by computing the change in the index published for the month immediately preceding such first date over the index for the last month preceding the date of enactment of this Act used as the basis for the most recent adjustment of retired pay and retainer pay under section 1401a (b) of title 10, United States Code, as in effect immediately prior to the date of enactment of this Act. (e)(1) Section 882(b) of the Foreign Service Act of 1946 (22 U.S.C. 1121 (b)), is amended to read as follows: " (b)(1) The Secretary shall— "(A) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for December of the preceding year over the price index published for June of the preceding year, and "(B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year. "(2) If in any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the price index, then— "(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent, or "(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), each annuity payable from the Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph adjusted to the nearest 1/10 of 1 percent.". (2) The amendment made by subsection (1) shall apply to any increase in annuities after the date of enactment of this Act, except that with respect to the first date after the date of enactment of this Act on which the Secretary is to determine a percent change, such percent change shall be determined by computing the change in the

90 STAT. 1463

Effective date. 10 USC 1401a note.

Effective date. 22 USC 1121 note.

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 90 STAT. 1464

PUBLIC LAW 94-440—OCT. 1, 1976 lice index published for the month immediately preceding such first ate over the price index for the last month prior to the date of enactment of this Act for which the price index showed a percent rise forming the basis for a cost-of-living increase under section 882(b) of the Foreign Service Act of 1946 (22 U.S.C. 1121 (b)), as in effect immediately prior to the date of enactment of this Act. This Act may be cited as the "Legislative Branch Appropriation Act, 1977".

S Short title.

Approved October 1, 1976.

'~'j*i

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1225 (Comm. on Appropriations) and No. 94-1559 (Coram. of Conference). SENATE REPORT No. 94-1201 (Coram, on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 1, considered and passed House. Sept. 7, 8, considered and passed Senate, araended. Sept. 22, House agreed to conference report; concurred in certain Senate amendraents with amendraents. Senate agreed to conference report; concurred in House araendraents. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Oct. 1, Presidential stateraent.

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 PUBLIC LAW 94-441—OCT. 1, 1976

90 STAT. 1465

Public Law 94-441 94th Congress An Act Making appropriations for Foreign Assistance and related programs for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Foreign Assistance and related programs for the fiscal year ending September 30, 1977, and for other purposes, namely:

Oct. 1, 1976 [H.R. 14260] Foreign Assistance and Related Programs Appropriations Act, 1977.

TITLE I—FOREIGN ASSISTANCE ACT ACTIVITIES FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, and for other 22 USC 2151 purposes, to remain available until September 30, 1977, unless other- note. wise specified herein, as follows: ECONOMIC

ASSISTANCE

Food and nutrition. Development Assistance: For necessary expenses to carry out the provisions of section 103, $505,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended. Population planning and health, Development Assistance: For necessary expenses to carry out the provisions of section 104, $214,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended: Provided further, That of the funds made available for population planning and health, not less than $15,000,000 shall be only available for programs providing training to auxiliary or paramedical personnel who will be engaged in the delivery of health and family planning services to rural areas. Education and human resources development. Development Assistance: For necessary expenses to carry out the provisions of section 105, $70,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended. Technical assistance, energy, research, reconstruction, and selected development problems. Development Assistance: For necessary expenses to carry out the provisions of section 106, $67,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended. Loan allocation. Development Assistance: Of the new obligational authority appropriated under this Act to carry out the provisions of sections 103-106, not less than $300,000,000 shall be available for loans for fiscal year 1977: Provided, That of the amount made available for loans, not to exceed $210,000,000 of such amount shall be available for loans repayable within forty years following the date on which the funds were initially made available under the loan: Provided

22 USC 2151a.

22 USC 2151b.

22 USC 2151c.

22 USC 2151d.

22 USC 2151a-2151d.

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 90 STAT. 1466

PUBLIC LAW 94-441—OCT. 1, 1976

further, That not to exceed $60,000,000 of such amount shall be available for loans repayable within thirty years following such date: Provided further, That not to exceed $30,000,000 of such amount shall be available for loans repayable within twenty years following such date. International organizations and programs: For necessary expenses 22 USC 2221. to carry out the provisions of section 301, $187,000,000: Provided, That not more than $20,000,000 shall be availaJble for the United Nations Children's Fund: Provided further, That not less than $1,000,000 shall be available until expended for a contribution to the International Atomic Energy Agency to strengthen the Agency's safeguards program: Provided further, That not less than $100,000,000 shall be available only for the United Nations Development Program: Provided further. That none of the funds appropriated or made available pursuant to this Act shall be used to supplement the funds provided to the United Nations Development Program in fiscal year 1976. United Nations Environment Fund: For necessary expenses to carry out the provisions of section 2 of the United Nations Environ22 USC 287 note, ment Program Participation Act of 1973, $10,000,000. American schools and hospitals abroad: For necessary expenses to 22 USC 2174. carry out the provisions of section 214, $19,800,000. American schools and hospitals abroad (special foreign currency program): For necessary expenses to carry out the provisions of section 214, $7,000,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended. Indus Basin Development Fund, grants: For necessary expenses 22 USC 2222. to carry out the provisions of section 302(b)(2) with respect to Indus Basin Development Fund, grants, $15,750,000. Contingency fund: For necessary expenses, $5,000,000, to be used 22 USC 2261. for the purposes set forth in section 451. International disaster assistance: For necessary expenses to carry 22 USC 2292. out the provisions of section 491, $25,000,000. International narcotics control: For necessary expenses to carry out 22 USC 2291. the provisions of section 481, $34,000,000. Payment to the Foreign Service Retirement and Disability Fund: For payment to the "Foreign Service Retirement and Disability Fund," as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 1105-1106), $16,680,000. Overseas training (special foreign currency program): For neces22 USC 2362. sary expenses to carry out the provisions of section 612, $400,000 in foreign currencies which the Treasury Department declares to be excess to the normal requirements of the United States. Lebanon Relief and Rehabilitation assistance: For necessary Ante, p. 762. expenses to carry out the provisions of section 495C, $20,000,000. Except for the Contingency Fund, unobligated balances as of September 30, 1976, of funds heretofore made available under the 22 USC 2151 authority of the Foreign Assistance Act of 1961, as amended, except as °°*®otherwise provided by law, are hereby continued available for the fiscal year 1977, for the same purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appro31 USC 200. priation Act, 1955, as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same purpose as any of the subparagraphs under "Economic Assistance," "Middle East Special Requirements Fund," "Security Supporting Assistance," "Operating Expenses

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1517

 PUBLIC LAW 94-441—OCT. 1, 1976 of the Agency for International Development," "International Military Education and Training," and "Indochina Postwar Keconstruction Assistance," are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same purpose: Provided, That such purpose relates to a project or program previously justified to Congress, and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to the reobligation of funds for such projects or programs. None of the funds made available under this Act for "Food and nutrition. Development Assistance," "Population planning and health. Development Assistance," "Education and human resources development. Development Assistance," "Technical assistance, energy research, reconstruction, and selected development problems, Development Assistance," "International organizations and programs," "United Nations Environment Fund," "American schools and hospitals abroad," "Indus Basin Development Fund, grants," "International narcotics control," "Middle East special requirements fund," "Security supporting assistance," "Operating Expenses of the Agency for International Development," "Military assistance," "International military education and training," "Inter-American Foundation," "Peace Corps," "Cuban refugee assistance," "Special assistance to refugees from Cambodia, Vietnam, and Laos in the United States," "Migration and refugee assistance," or "Assistance to refugees from the Soviet Union or other Communist countries in Eastern Europe," shall be available for obligation for activities, programs, projects, type of materiel assisl;ance, countries, or other operations not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for fiscal year 1977 unless the Appropriations Committees of both Houses of the Congress are previously notified fifteen days in advance. MIDDLE EAST SPECIAL REQUIREMENTS

90 STAT. 1467

.j

FUND

Middle East special requirements fund: For necessary expenses to carry out the provisions of section 901 and section 903 of the Foreign Assistance Act of 1961, as amended, $23,000,000: Provided, That none 22 USC 2441, of the funds appropriated under this heading may be used to provide a 2443. United States contribution to the United Nations Relief and Works Agency. SECURITY SUPPORTING ASSISTANCE

Security supporting assistance: For necessary expenses to carry out the provisions of section 531 of the Foreign Assistance Act of 1961, as amended, $1,734,700,000: Provided, That of the funds appro- 22 USC 2346. priated under this paragraph, $735,000,000 shall be allocated to Allocation of Israel, $700,000,000 shall be allocated to Egypt, $70,000,000 shall be f " * "* ' allocated to Jordan, $17,500,000 shall be allocated for Cyprus, $55,000,000 shall be allocated for Portugal, $80,000,000 shall be allocated to Syria, $14,000,000 shall be allocated for Botswana and for regional training programs, not to exceed $20,000,000 shall be allocated to Zaire, and not to exceed $20,000,000 shall be allocated to Zambia: Provided, further, That $7,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the United States of America.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1518

 90 STAT. 1468

PUBLIC LAW 94-441—OCT. 1, 1976 OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

For "Operating Expenses of the Agency for International Development", $192,000,000. MILITARY ASSISTANCE

22 USC 2311.

Military assistance: For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, as amended, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $247,300,000: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States: Provided further, That $15,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the United States of America. INTERNATIONAL MILITARY EDUCATION AND TEtA-INING

International military education and training: For necessary expenses for "International military education and training," $25,000,000: Provided, That $2,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the United States of America. OVERSEAS PRIVATE INVESTMENT CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year. •

_

INTER-AMERICAN FOUNDATION

The Inter-American Foundation is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Goverment Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during the current fiscal year: Provided, That not to exceed $7,000,000 shall be available to carry out the authorized programs during the current fiscal year. GENEEAL PROVISIONS SEC 101. None of the funds herein appropriated (other than funds appropriated for "International organizations and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1519

 PUBLIC LAW 9 4 - 4 4 1 — O C T. 1, 1976 SEC. 102. Except for the appropriations entitled "Contingency fund", "International disaster assistance", and appropriations of funds to be used for loans, not more than 20 per centum of any appropriation item made available by this title for fiscal year 1977 shall be obligated and / o r reserved during the last month of availability. SEC. 103. None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country. SEC. 104. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States, SEC. 105. Of the funds appropriated or made available pursuant to this Act, not more than $12,000,000 may be used during the current fiscal year in carrying out centrally funded research under sections 105 and 106 of the Foreign Assistance Act of 1961, as amended. SEC. 106. None of the funds a p p r o p r i a t e d or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. SEC. 107. None of the funds contained in title I of this Act may be used to carry out the provisions of sections 209(d) and 251(h) of the Foreign Assistance Act of 1961, as amended. SEC. 108. None of the funds appropriated or made available pursuant to this Act shall be used to provide assistance to the Democratic Republic of Vietnam (North V i e t n a m), South Vietnam, Cambodia, or Laos. SEC. 109. Of the funds appropriated or made available pursuant to this Act, not to exceed $108,000 shall be for official residence expenses of the Agency for International Development during the fiscal year ending September 30, 1977. SEC. 110. Of the funds appropriated or made available pursuant to this Act, not to exceed $20,000 shall be for entertainment expenses of the Agency for International Development during the fiscal year ending September 30, 1977. SEC. 111. Of the funds appropriated or made available pursuant to this Act, not to exceed $96,000 shall be for representation allowances of the Agency for International Development during the fiscal year ending September 30, 1977. SEC. 112. Of the funds appropriated or made available pursuant to this Act, not to exceed $75,000 shall be for entertainment expenses relating to the Military Assistance Program, International Military Education and Training, and Foreign Military Credit Sales during the fiscal year ending September 30, 1977.

90 STAT. 1469

22 USC 2151 note.

22 USC 2151c, 2151d. United Nations members, assessments, dues. 22 USC 2169, 2211. North and South Vietnam, or Laos, assistance, prohibition.

TITLE II—FOREIGN MILITARY CREDIT SALES FOREIGN MILITARY CREDIT SALES

For expenses not otherwise provided for, necessary to enable the President to carry out the provisions of the Foreign Military Sales Act, $740,000,000: Provided, That of the amount provided for the total 22 USC 2751 note.

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 90 STAT. 1470

PUBLIC LAW 94-441—OCT. 1, 1976 aggregate credit sale ceiling during the current fiscal year, not less than $1,000,000,000 shall be allocated to Israel. TITLE III — FOREIGN ASSISTANCE (OTHER) .

•

INDEPENDENT AGENCY ACTION—INTERNATIONAL PROGRAMS

'

PEACE CORPS

For expenses necessary for Action to carry out the provisions of the Peace Corps Act, as amended (22 U.S.C. 2501 et seq.), $80,000,000: Provided, That of this amount $49,563,000 shall be available for the direct support of volunteers: Provided further, That no less than $3,600,000 of this amount shall be available only for the overseas technical support of volunteers.

,•

DEPARTMENT or HEALTH, EDUCATION, AND WELFARE •.• _t?

22 USC 2601 note.

\

CUBAN REFUGEE ASSISTANCE

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87-510), relating to aid to Cuban refugees within the United States, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $82,000,000. SPECIAL ASSISTANCE TO REFUGEES FROM CAMBODIA, VIETNAM, AND LAOS I N THE UNITED STATES

.1

For assistance to refugees from Cambodia, Vietnam, and Laos in the United States, $50,000,000: Provided, That all funds in this account shall remain available through September 30, 1977. DEPARTMENT or STATE MIGRATION AND REFUGEE ASSISTANCE

\

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 8011158); allowances as authorized by 5 U.S.C. 5921-5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $10,000,000 of which not to exceed $8,171,000 shall remain available until December 31, 1977: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1521

 PUBLIC LAW 94-441—OCT. 1, 1976

90 STAT. 1471

ASSISTANCE TO REFUGEES FROM THE SOVIET U N I O N AND OTHER COMMUNIST COUNTRIES I N EASTERN EUROPE

For necessary expenses to carry out the provisions of section 101(b) of the Foreign Relations Authorization Act of 1972 and the provisions 86 Stat. 490. of section 105 of the Foreign Relations Authorization Act, Fiscal Year 1977, $15,000,000. Ante, p. 824. FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL FINANCIAL INSTITUTIONS INVESTMENT IN ASIAN DEVELOPMENT BANK

For payment by the Secretary of the Treasury of the third and final installment of the United States subscription to the paid-in capital stock and the callable capital stock of the Asian Development Bank, authorized by the Asian Development Bank Act of December 22, 1974 (Public Law 93-537), $90,477,000, to remain available until expended. 22 USC 285q, 285r. INVESTMENT I N INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in subscription to (1) paid-in capital stock, (2) callable capital stock, and (3) the United States share of the increase in the resources of the Fund for Special Operations, $270,000,000, to remain available until expended. INVESTMENT I N INTERNATIONAL DEVELOPMENT

ASSOCIATION

For payment by the Secretary of the Treasury of the second installment of the United States contribution to the fourth replenishment of the resources of the International Development Association as authorized by the International Development Association Act of August 14, 1974 (Public Law 93-373), $375,000,000, to remain avail- 22 USC 284/, able until expended. 284m. INVESTMENT I N AFRICAN DEVELOPMENT F U N D

For payment by the Secretary of the Treasury of a United States contribution to the African Development Fund as authorized by the Act of May 31, 1976 (Public Law 94-302), $10,000,000, to remain Ante, p. 591. available until expended. TITLE IV—EXPORT-IMPORT BANK O F THE UNITED STATES The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying 31 USC 849. out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided.

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 90 STAT. 1472

PUBLIC LAW 9 4 - 4 4 1 — O C T. 1, 1976 LIMITATION

ON PROGRAM

ACTIVITY

Not to exceed $6,334,443,000 (of which not to exceed $3,875,000,000 shall be for equipment and services loans) shall be authorized during the current fiscal year for other than administrative expenses. LIMITATION ON ADMINISTRATIVE

EXPENSES

Not to exceed $12,081,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $24,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, b u t not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the B a n k or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the B a n k) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof. TITLE V—GENERAL Publicity or propaganda.

PROVISIONS

SEC. 501. No part of any appropriation contained in this Act shall be used for publicity or p r o p a g and a purposes within the United States not heretofore authorized by the Congress. Inspector SEC. 502. No part of any appropriation contained in this Act shall General, Foreign be used for expenses of the Inspector General, Foreign Assistance, after Assistance. the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. Fiscal year SEC. 503. No part of any a p p r o p r i a t i o n contained in this Act shall limitation. remain available for obligation beyond the current fiscal year unless expressly so provided herein. Countries in SEC. 504. No part of any appropriation contained in this Act shall default. be used to furnish assistance to any country which is in default during a period in excels of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are a p p r o p r i a t e d under this Act unless (1) such debt has been disputed by such country p r i o r

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 PUBLIC LAW 94-441—OCT. 1, 1976 to the enactment of this Act or (2) such country has either arranged to make payment of the amount in arrears or otherwise taken appropriate steps, which may include renegotiation, to cure the existing default. SEC. 505. None of the funds appropriated or made available pursuant to this Act shall be used to provide military assistance, international military education and training, or foreign military credit sales to the Government of Uruguay. SEC. 505A. Not to exceed $1,626,000 of the funds appropriated or made available pursuant to this Act for fiscal year 1977 shall be made available to the Office of the Inspector General of Foreign Assistance. SEC. 506. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States' representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution or the compensation and related benefits of employees of the institution. This Act may be cited as the "Foreign Assistance and Related Programs Appropriations Act, 1977". Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1228 (Comm. on Appropriations) and No. 94-1642 (Comm. of Conference). SENATE REPORT No. 94-1009 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): June 24, 25, 29, considered and passed House. June 30, Sept. 9, 10, considered and passed Senate, amended. Sept. 27, House agreed to conference report. Sept. 28, Senate agreed to conference report.

90 STAT. 1473

Uruguay, prohibition of funds.

Short title.

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 90 STAT. 1474

PUBLIC LAW 94-442—OCT. 1, 1976

Public Law 94-442 94th Congress • An Act Oct. 1, 1976 [H.R. 589]

'"

rpQ authorize the Secretary of the Interior to provide relief to the Santa Ynez Kiver Water Conservation District due to delivery of water to the Santa Ynez Indian Reservation lands.

Be it enacted l>y the Senate and House of Representatives of the Santa Ynez River United States of America in Congress assembled, That the Secretary W**®'" of the Interior is authorized to amend the repayment contract dated Conservation March 16, 1960, with the Santa Ynez Eiver Water Conservation DisUistrict. trict, to reduce by $1,120, annually, the amount due the United States. The reduction is to commence with the payment due on January 1 of the year following passage of this Act and continue as long as all of the lands of the Santa Ynez Indian Eeservation, as presently constituted, remain in Federal ownership. >'

Approved October I, 1976.

!,

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-475 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1244 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): Sept. 22, considered and passed Senate.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1525

 PUBLIC LAW 9 4 - 4 4 3 — O C T. 1, 1976

90 STAT. 1475

Public Law 94-443 94th Congress An Act To amend section 2 of the Act entitled "An Act to incorporate the National Society of the Daughters of the American Revolution". Be it enacted by the Senate and House of Representatives of the United States of Anrierica in Congress assembled, That section 2 of the Act entitled " A n Act to incorporate the National Society of the Daughters of the American Revolution" approved Febi'uary 20, 1896, as amended, is amended to read as follows: " SEC. 2. The society is authorized to acquire by purchase, gift, devise, or bequest and to hold, convey, or otherwise dispose of such property, real or personal, as may be convenient or necessary for its lawful purposes, and may adopt a constitution and make bylaws not inconsistent with law, and may adopt a seal. Said society shall have its headquarters or principal office at Washington, in the District of Columbia.". SEC. 2. A d d a new section to said Act to be numbered section 4 and to read as follows: " SEC. 4. The society and its subordinate divisions shall have the sole and exclusive r i g h t to use the name 'National Society of the Daughters of the American Revolution'. The society shall have the exclusive and sole r i g h t to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been adopted or used by the National Society of the Daughters of the American Revolution.". Approved October 1, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1286 (Comm. on the Judiciary). SENATE REPORT No. 94-1249 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and passed House. Sept. 21, considered and passed Senate.

Oct. 1, 1976 [H.R. 11149] National Society of the Daughters of the American Revolution. 36 USC 18a.

36 USC 18c.

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 90 STAT. 1476

PUBLIC LAW 94-444—OCT. 1, 1976

Public Law 94-444 94th Congress An Act Oct. 1, 1976 [H.R. 12987]

To authorize appropriations for carrying out title VI of the Comprehensive Employment and Training Act of 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Emergency Jobs United States of America in Congress assembled, That this Act may Programs be cited as the "Emergency Jobs Program s Extension Act of 1976". Extension Act of SEC. 2. Title VI of the Comprehensive Employment and Training1976. Act of 1973 is amended by striking out section 601 and inserting in 29 USC 801 note. lieu thereof the followiniJ:: 29 USC 961. a AUTHORIZATION

29 USC 843. Funds, use restrictions.

29 USC 962.

29 USC 984. Financial records, maintenance and availability.

OF APPROPRIATIONS

"Sec. 601. There are authorized to be appropriated such sums as may be necessary for fiscal year 1976, and for the period beginning July 1, 1976, and ending September 30, 1976, and for fiscal year 1977, for carrying out the provisions of this title.". SEC. 3. (a)(1) Section 203(b) of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended to read as follows: " (b) Notwithstanding the provisions of section 208(a)(7) of this Act, not less than 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.". (2) Section 602(b) of the Comprehensive Employment and Training Act of 1973 is amended to read as follows: " (b) Notwithstanding the provisions of section 208(a)(7) of this Act, not less than 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.". (b) Section 704 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by inserting at the end thereof the following new subsection: " (d) Financial records of a prime sponsor relating to public service employment programs assisted under this Act and records of the names, addresses, positions, and salaries of all persons employed in public service jobs assisted under this Act shall be maintained and made available ito the p u b l i c ".

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 PUBLIC LAW 94-444—OCT. 1, 1976

90 STAT. 1477

SEC. 4. (a)(1) W i t h respect to appropriations made by the Emergency Supplemental Appropriations Act of 1976 (Public Law 94-266, enacted April 15, 1976) for the purpose of carrying out activities authorized by title II of the Comprehensive Employment and Training Act of 1973— (A) notwithstanding any other provision of law, funds made available under section 202(b) of the Comprehensive Employment and T r a i n i n g Act of 1973 may be used in any areas qualifying under title VI of such Act to provide a continuation of public service employment activities under both title II and title VI of such Act; and (B) in order to enable persons employed in public service jobs financially assisted under title VI of such Act to be transferred to jobs financially assisted under title II of such Act, the Secretary of Labor is authorized to waive the provision of section 205(a) of such Act requiring a thirty-day period of unemployment. (2) The provisions of paragraph (1) of this subsection shall be deemed to have taken effect on the date of enactment of the Emergency Supplemental Appropriations Act of 1976. Persons transferred after such date from jobs financially assisted under title VT of the Comprehensive Employment and T r a i n i n g Act of 1973 to jobs financially assisted under title II of such Act, using funds made available under the Emergency Supplemental Appropriations Act of 1976, shall after the date of enactment of this Act be considered to be public service jobholders financially assisted under such title VI. (b) Subsection (b) of section 603 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end of such subsection the following new sentences: " I n distributing funds available for the discretionary use of the Secretary of Labor under this subsection, the Secretary is authorized to utilize such funds to assure a continuation of public service employment activities supported under this Act. I n distributing such funds under this subsection to prime sponsors, the Secretary shall base allocations upon the public service employment activities sustained within the jurisdicton of each unit of general local government within the area served by each such prime sponsor in accordance with subsection (c) of this section.". SEC. 5. (a) Title VI of the Comprehensive Employment and Training Act of 1973 is further amended by adding at the end thereof the followinir new sections:

29 USC 842 note.

"RESERVATION or

Ante, p. 362. 29 USC 841. 29 USC 842. 29 USC 861. Waiver.

29 USC 845. Effective date.

29 USC 963.

F U N D S; EMPLOYMENT or LONG-TERM UNEMPLOYED, LOW-INCOME PERSONS

" SEC. 607. (a) E a c h prime sponsor, in accordance with regulations 29 USC 967. which the Secretary shall prescribe, shall reserve out of any allocation which it receives under this title from appropriations for fiscal year 1977 such amount as will be sufficient, when added to funds available for use under title II of this Act during such fiscal year, 29 USC 841. to enable the prime sponsor to sustain throughout such fiscal year the number of public service jobholders supported under this title and title II of this Act on June 30,' 1976. " (b) The amount of each prime sponsor's allocation under this title remaining after funds are reserved for the purpose described in subsection (a) of this section shall be used to provide public service jobs for eligible unemployed persons (as described in section 608) in proj- Post, p. 1478.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1528

 PUBLIC LAW 94-444—OCT. 1, 1976

90 STAT. 1478 Post, p. 1479. Time limitation.

29 USC 849. Vacancies. Ante, p. 362.

Infra.

Post, p. 1479.

ects and activities carried out by project applicants (as defined in section 701(a) (15) of this Act). Such projects and jobs shall not exceed twelve months in duration and shall provide employment consistent with the aim of maintaining average federally supported wage rates for public service jobholders (adjusted on a regional and area basis) as set forth under section 209(b) of this Act. "(c) Vacancies occurring after June 30, 1976, in jobs supported under this title and the Emergency Supplemental Appropriations Act of 1976 (Public Law 94-266) to which subsection (a) of this section is applicable shall be filled as follows: "(1) Fifty per centum of such vacancies shall be filled in accordance with the provisions of section 608. " (2) Fifty per centum of such vacancies shall be filled in accordance with the provisions of this title (other than the provisions of this section, except for this paragraph, and of sections 608 and 609) except that a prime sponsor may give preference in filling such vacancies to unemployed public health and safety personnel in public health and safety positions for which they are qualified. "ELIGIBILITY

29 USC 968. Ante, p. 1477.

42 USC 601.

"Lower living standard income level."

Funds, equitable allocation. Ante, p. 1477,

Job applicants, household support obligations, consideration.

OF LONG-TERM

UNEMPLOYED,

LOW-INCOME

PERSONS

"SEC. 608. (a) In filling public service jobs with financial assistance available for the purposes of subsections (b) and (c)(1) of section 607, each prime sponsor shall determine that any person to be employed in any such public service job (1) is an individual— "(A) who has been receiving unemployment compensation for fifteen or more weeks; "(B) who is not eligible for such benefits and has been unemployed for fifteen or more weeks; "(C) who has exhausted unemployment compensation benefits; or "(D) who is. or whore family is, receiving aid to families with dependent children provided under a State plan approved under part A of title TV of the Social Security Act; and (2) is not a member of a household which has current gross family income, adjusted to an annualized basis (exclusive of unemployment compensation and other public payments which such individual will be disqualified from receiving by reason of employment under this title) at a rate exceeding 70 per centum of the lower living standard income level. "(b) For purposes of this section, the term 'lower living standard income level' means that income level (adjusted for regional and metropolitan and urban and rural differences and family size) determined annually by the Secretary based upon the most recent 'lower living standard budget' issued by the Bureau of Labor Statistics of the Department of Labor. "(c) Tn filling public service jobs, each prime sponsor shall take reasonable steps, which such sponsor shall determine, to insure that funds provided in accordance with subsections (b) and (c)(1) of section 607 shall be equitably allocated for jobs among the categories of eligible persons described in section 608(a) in light of the composition of the population of unemployed eligible persons served by the prime sponsor. "(d) In providing public service jobs and determining hours of work for eligible persons with financial assistance provided in accordance with subsections (b) and (c)(1) of section 607, each prime sponsor shall take into account the household support obligations of the

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1529

 PUBLIC LAW 94-444—OCT. 1, 1976

90 STAT. 1479

men and women applying for such jobs, and shall give special consideration to such alternative working arrangements as flexible hours of work, shared time, and part-time jobs, for eligible persons, particularly for parents of young children and for older persons. " (e) The Secretary, through the affiliated State employment secu- Available jobs, rity agencies, shall take steps to inform the recipients of unemployment notification. compensation benefits of any available public service jobs for which such recipients may be eligible, but such notification shall clearly state that such notification is designed only to inform, and in no way to coerce, such recipients with respect to the availability of such jobs. a APPROVAL OF PROJECTS

" SEC. 609. (a) I n order for a project application submitted by a project applicant to be approved by the prime sponsor for financial assistance provided in accordance with subsection (b) of section 607, copies of such application shall have been submitted at the time of such application to the prime sponsor's planning council established under section 104, for the purpose of affording such council an opportunity to submit comments and recommendations with respect to that application to the prime sponsor. No member of a prime sponsor's planning council shall cast a vote on any matter in connection with a project in which that member (or any organization with which that member is associated) has a direct interest. " (b) Consistent with procedures established by the prime sponsor in accordance with regulations which the Secretary shall prescribe, the prime sponsor shall not disapprove a project application submitted by a project applicant unless it has first considered any comments and recommendations made by the prime sponsor's planning council and unless it has provided such applicant and the planning council with a written statement of its reasons for such disapproval.". (b)(1) Section 701(a) of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the following new paragraph: "(15) 'project applicants' includes States and agencies thereof, units of general local government and agencies thereof or combinations or associations of such governmental units when the p r i m a r y purpose of such combinations or associations is to assist such governmental units to provide public services, special purpose political subdivisions having the power to levy taxes and spend funds or serving such special purpose within an area served by one or more units of general local government, local educational agencies as defined in section 801(f) of the Elementary and Secondary Education Act of 1965, institutions of higher education as defined in section 1201(a) of the H i g h e r Education Act of 1965, community-based organizations as defined in paragraph (1) of this subsection, community development corporations, nonprofit groups and organizations serving Indians or Native Hawaiians, fi K1 other nonprofit private organizations or institutions engaged in public service.". (2) The last sentence of section 606 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended to read as follows: " I n reallocating any such funds, the Secretary shall give priority first to other areas within the same State and then to areas within other

Applications. 29 USC 969. Ante, p. 1477. 29 USC 814.

Disapproval.

29 USC 981. "Project applicants."

20 USC 881. 20 USC 1141.

Funds, reallocation. 29 USC 966.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1530

 90 STAT. 1480

Ante, p. 1478. 29 USC 965. Ante, p. 1479. 29 USC 982.

29 USC 841, 861. Ante, p. 1478.

29 USC 845. Restriction. 29 USC 965.

PUBLIC LAW 9 4 - 4 4 4 — O C T. 1, 1976 States, taking into account the number of eligible unemployed individuals (as described in section 608) in such areas.". (3) Section 605 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by inserting after "projects and activities" a comma and the following: "including projects and activities to be carried out by project applicants as defined in section 701(a) (15) of this Act,". (c) Section 702 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by adding at the end thereof the following new subsection: " (c) The Secretary shall not, by regulation or otherwise, impose any quota or lijnitation on the number or percentage of persons hired under title II or VI, or both, of this Act who were former employees of public employers under this Act and who held jobs supported under title II or VI of this Act on June 30, 1976, or who are hired to fill vacancies under the provisions of section 607(c)(2). Any person who, between June 30, 1976, and the date of enactment of this Act, was laid off from a job supported under title II or VI of this Act by reason of such a quota or limitation may be reinstated by the prime sponsor without regard to the provisions of section 607(c). Nothing in this subsection shall be construed to relieve any prime sponsor from complying with section 205(c)(8) of this Act.". (d) Section 605 of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by inserting " (a) " after such section designation and by adding at the end thereof the following new subsection: " (b) No funds for public service employment programs under this Act may be used to provide public services, through a private or nonprofit organization or institution, which are customarily provided by a State, a political subdivision, or a local educational agency in the area served by the project.". SEC. 6. (a) Title 11 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof the following new part: " P A R T B — REIMBURSEMENT FOR UNEMPLOYMENT B E N E F I T S P A I D ON B A S I S OF P U B L I C SERVICE EMPLOYMENT a PAYMENTS TO STATES

26 USC 3304 note.

Payment methods.

" SEC. 220. (a) E a c h State shall be paid by the United States with respect to each individual— " (1) who receives compensation with respect to any benefit year, and " (2) whose base period wages for such benefit year include public service wages, an amount which bears the same ratio to the total amount of compensation paid to such individual with respect to such benefit year for weeks of unemployment which begin on or after January 1, 1976, as the amount of the public service wages included in the individual's base period wages bears to the total amount of the individual's base period wages. " (b) E a c h State shall be paid, either in advance or by way of reimbursement, as may be determined by the Secretary, the sum that the Secretary estimates is payable to such State under this part for each calendar month. The sum shall be reduced or increased by the amount

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1531

 PUBLIC LAW 94-444—OCT. 1, 1976 which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. Estimates shall be made on the basis of reports made by the State to the Secretary as prescribed by the Secretary. "(c) The Secretary shall, from time to time, certify to the Secretary of the Treasury the sum payable to each State under this part. The Secretary of the Treasury, prior to audit and settlement by the General Accounting Office, shall pay the State in accordance with the certification from funds for carrying out the purposes of this part. "(d) Money paid to a State under this part may be used solely for the purpose of paying compensation. Money so paid which is not used for such purpose shall be returned, at the time specified by the Secretary, to the Treasury of the United States and credited to current applicable appropriations, funds, or accounts from which payments to States under this part may be made. "(e) In the case of any political subdivision of a State which has in effect an unemployment compensation program which provides for the payment of compensation on the basis of services performed in its employ, such political subdivision shall be entitled to payments under this part in the same manner and to the same extent as if such political subdivision were a State. "STATE I ^ W

90 STAT. 1481

Certification.

Unused funds, return to Treasury.

Political subdivision, eligibility for payments.

PROVISIONS

"SEC. 221. (a) The unemployment compensation law of any State 26 USC 3304 may provide that any organization which elects to make payments note. (in lieu of contributions) into the State unemployment compensation fund— "(1) shall not be liable to make such payments after the date of the enactment of this section with respect to any compensation to the extent that such State is entitled to payments with respect to such compensation under this part; and "(2) shall receive credit against payments required to be made after such date of enactment for any such payments made on or before such date of enactment to the extent that such payments were made with respect to compensation for which the State is entitled to receive payments under this part. "(b) The unemployment compensation law of any State may, with- Adjustments. out being deemed to violate the standards set forth in section 3303(a) of the Internal Revenue Code of 1954, provide for appropriate adjust- 26 USC 3303. ments, as may be determined by the Secretary, in the account of any employer who has paid public service wages to reflect the payments to which such State is entitled under this part with respect to compensation attributable to such wages. 'AUTHORIZATION OF APPROPRIATIONS

"SEC. 222. There are hereby authorized to be appropriated for pur- 26 USC 3304 note. poses of this part such sums as may be necessary. u DEFINITIONS

26 USC 3304 "SEC. 223. As used in this part, the term— "(1) 'State' means the States of the United States, the Dis- note. trict of Columbia, Puerto Rico, and the Virgin Islands;

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1532

 90 STAT. 14fi2

PUBLIC LAW 9 4 - 4 4 4 — O C T. 1, 1976 " (2) 'compensation' means cash benefits payable to individuals with respect to their unemployment, except that such term shall not include special unemployment assistance payable under part

29 USC 801 note.

26 USC 3304 note.

" (3) 'public service job' means any public service job funded with assistance provided under the Comprehensive Employment and T r a i n i n g Act of 1973; " (4) 'public service wages' means remuneration for services performed in a public service job to the extent that such remuneration is paid with funds provided under the Comprehensive Employment and T r a i n i n g Act of 1973; " (5) 'benefit year' means the benefit year as defined by the applicable State unemployment compensation law; " (6) 'base period' means the base period as defined by the applicable State unemployment compensation law for the benefit year; and " (7) 'Secretary' means the Secretary of Labor." •, •' • (b) Title II of such Act is further amended— (1) by inserting after the heading of such title the following: " P A R T A—SPECIAL UNEMPLOYMENT ASSISTANCE";

29 USC 850. Effective date. 29 USC 3304 note.

29 USC 845. 29 USC 962.

29 USC 872. 29 USC 963.

29 USC 861.

Ante, p. 1476.

(2) by striking out "this title" each place it appears and inserting in lieu thereof "this part "; and (3) by striking out "the title" in section 210(a) and inserting in lieu thereof "this title". (c) The amendments made by this section shall take effect on October 1, 1976, with respect to compensation paid for weeks of unemployment beginning after December 31, 1975. SEC. 7. Section 20,5 (c) (24) of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by striking out "job category" in both places where that term occurs in such clause and inserting in lieu thereof "promotional line". SEC, 8. (a) Section 602(e) of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by striking out " Indian tribes on Federal or State reservations" and inserting in lieu thereof " Indian tribes, bands, and groups qualified under section 3 0 2 (c)(1) of this Act". (b) Section 603(a) of the Comprehensive Employment and T r a i n ing Act of 1973 is amended by redesignating paragraph s (1) and (2) thereof as paragraph s (2) and (3), respectivelv, and by inserting immediately after " (a) " the following: " (1) The Secretary shall reserve an amount equal to not less than 2 per centum of the amounts appropriated under section 601 for any fiscal year to enable Indian tribes, bands, and groups which are designated as eligible applicants under this title to carry out public service employment programs.". (c) Section 6 0 3 (a)(2) of such Act, as redesignated by subsection (b) of this section, is amended by inserting after "per centum" the following: "of the remainder". SEC. 9. (a) Section 704 of the Comprehensive Employment and T r a i n i n g Act of 1973 (as amended by section 3(b) of this Act) is further amended by adding at the end thereof the following new subsection: " (e) Notwithstanding any other provision of law, funds allocated by a prime sponsor or an Indian tribe, band, or group for the employ-

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1533

 PUBLIC LAW 9 4 - 4 4 4 — O C T. 1, 1976 merit of individuals under this Act may be expended in conjunction with funds from any other public or private source, but funds allocated under this Act may only be expended in accordance with the requirements of this Act.". (b) The heading of such section 704 is amended to read as follows:

90 STAT. 1483

29 USC 984.

"SPECIAL PROVISIONS".

SEC. 10. Section 311 of the Comjjrehensive Employment and T r a i n ing Act of 1973 is amended by adding at the end thereof the following new subsection: " (e) The Secretary is authorized to undertake projects (either directly or by g r a n t or contract) for the purpose of demonstrating the feasibility of providing relocation assistance to unemployed workers residing in areas of substantial unemployment who would otherwise be eligible for public service employment under this Act. Such assistance shall be in such form and amount as the Secretary deems appropriate for demonstration purposes, except that he shall use as a general guideline the form and amount of relocation assistance available under chapter 2 of title II of the Trade Act of 1974.". SEC. 11. Section 704 of the Comprehensive Employment and T r a i n ing Act of 1973 (as amended by sections 3(b) and 9 of this Act) is further amended by a d d i n g at the end thereof the following new subsection: " (f) Notwithstanding any other provision of law, employment and t r a i n i n g services furnished under this Act in connection with weatherization projects authorized under section 222(a) (12) of the Economic O p p o r t u n i t y Act of 1964 may include work on such projects for the near poor, including families having incomes which do not exceed 125 per centum of the poverty line as established by section 625 of the Economic O p p o r t u n i t y Act of 1964.". SEC. 12, (a) Section 104(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by— (1) striking out "by this Act " after "amended"; and (2) inserting at the end of such subsection the following new sentence: "They shall also report to such committees on the same subjects not later than ninety days after the date of enactment of the Emergency Jobs Program s Extension Act of 1976.". (b) Title I of the Comprehensive Employment and T r a i n i n g Act of 1973 is amended by— (1) inserting at the end of section 1 0 5 (a)(3) the following " and (E) provides such arrangements as may be appropriate to promote maximum feasible use of apprenticeship or other on-job t r a i n i n g opportunities available under section 1787 of title 38, United States C o d e; "; and (2) striking out in section 106(b)(5) "provide special emphasis" and inserting in lieu thereof "take affirmative action". SEC. 13. (a)(1) The Congress finds and declares that — (A) the reliable and comprehensive measurement of employment and unemployment is vital to assessing the Nation's economic well-being and the utilization of its work force, and is an important determinant of public policies toward job creation, education, training, assistance for the jobless, and other labor market program s;

29 USC 881. Relocation assistance.

19 USC 2271. Ante, pp. 1476, 1482.

42 USC 2809. 42 USC 2971d. 38 USC 2002 note. Report to congressional committees.

29 USC 815.

29 USC 816. i 29 USC 952 note.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1534

 90 STAT. 1484

National Commission on Employment and Unemployment Statistics. Establishment. Membership.

Vacancies.

Advisory members.

PUBLIC LAW 94-444—OCT. 1, 1976 (B) the allocation of billions of dollars of Federal funds on the basis of unemployment data is increasing, making even more crucial the timely, accurate, and uniform measurement of the labor force; (C) the formulation of public policies to promote the most effective use of our human resources is hindered by inadequate information on the utilization and effect of education and training programs; (D) in order for governmental and private sector policy decisions to have maximum effect upon reducing unemployment and strengthening the labor force, an accurate and precise system for measuring employment and unemployment and its impacts on particular segments of the potential work force is essential; (E) the current method of data collection and the form of its presentation, at national, regional, and subregional levels, may not fully reflect unemployment and employment trends, and may produce incomplete and, therefore, misleading conclusions, thus impairing the validity and utility of this critical economic indicator; (F) it is critical to retain public confidence in the procedures, concepts, and methodology of collecting, analyzing, and presenting employment and unemployment statistics; and (G) objectivity is a necessity in considering reform of statistical processes. (2) It is the purpose of this section to establish a National Commission on Employment and Unemployment Statistics to have responsibility for examining the procedures, concepts, and methodology involved in employment and unemployment statistics and suggesting ways and means of improving them. (b)(1) There shall be established a National Commission on Employment and Unemployment Statistics (hereinafter in this section referred to as the "Commission") which shall consist of nine members appointed by the President, by and with the advice and consent of the Senate. Seven of the members shall be selected on the basis of their knowledge of and experience in the procedures, methodology, or use of employment and unemployment statistics, and shall be broadly representative of labor, business and finance, education and training, economics and statistics, and State and local government. Two of the members shall be selected from the general public. The membership of the Commission shall be generally representative of significant segments of the labor force, including women and minority groups. Any vacancy in the Commission shall not affect its powers as long as there continues to be at least five members; and any such vacancy may be filled in the same manner as the original appointment is made. (2) Except when six members of the Commission shall vote to hold an executive session for a particular purpose, the Secretary of Labor, the Secretary of Commerce, the Commissioner of Labor Statistics, the Director of the Bureau of the Census, the Director of the Office of Management and Budget, the Chairman of the National Commission for Manpower Policy, the Chairman of the Council of Economic Advisers, and a majority and a minority member each of the Joint Economic Committee, of the Committee on Labor and Public Welfare of the Senate, and of the Committee on Education and Labor of the House of Representatives, or in each case a designee, shall assist and participate in the hearings, deliberations, and other activities of the Commission on an advisory basis.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/1535

 PUBLIC LAW 94-444—OCT. 1, 1976 (3) The President shall designate a Chairman from among the appointed members of the Commission. (4) The Chairman, with the concurrence of the Commission, shall appoint an executive director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the chairman or the Commission. The executive director may appoint, with the concurrence of the Chairman, such professional, technical, and clerical staff as are necessary to carry out the provisions of this section. The executive director and staff shall be appointed without regard to the provisions of title 5, United States Code, governing appointments to the competitive service, governing appointments to the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate of GS-18 of the General Schedule under section 5332 of such title. The executive director, with the concurrence of the Chairman, may obtain temporary and intermitten services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. The Commission may utilize such staff, with or without reimbursement, from the Department of Labor, the Department of Commerce, and such other appropriate Federal agencies as may be available to assist the Commission in carrying out its responsibilities. (5) The Commission shall determine its own internal procedures, including the constituting of a quorum. (6) The Commission is authorized to accept and utilize voluntary and uncompensated services notwithstanding the provisions of section 665(b) of title 31, United States Code. (7) Members of the Commission who are not officers or employees of the Federal Government shall be paid compensation at a rate of not to exceed the per diem equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, when engaged in the work of the Commission, including traveltime; and while serving away from their homes or regular places of business, shall be allowed travel expenses including per diem in lieu of subsistence, in the same manner as such expenses are authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. (c) The Commission shall— (1) identify the needs of the Nation for labor force statistics and assess the extent to which current procedures, concepts, and methodology in the collection, analysis, and presentation of such statistics constitute a comprehensive, reliable, timely, and consistent system of measuring employment and unemployment and indicating trends therein; and (2) conduct or provide (through contract with institutions, organizations, and individuals, or appropriate Federal or State agencies, or otherwise) for such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recommendations. The Commission or, on the authorization of the Commission, any subcommittee or members thereof, may, for the purposes of carrying out the provisions of this section, hold such hearings, take such testimony, and sit and act at such times and places as the Commission deems advisable. Any member authorized by the Commission may administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or members thereof.

90 STAT. 1485 Chairman. Executive director, appointment.

5 USC 101 et seq.

5 USC 5101 et seq., 5331. 5 USC 5332 note. Experts and consultants.

Compensation.

5 USC 5332 note.

Duties.

Hearings.

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