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Page:United States Statutes at Large Volume 90 Part 1.djvu/967

 PUBLIC LAW 94-360—JULY 13, 1976

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90 STAT. 917

for sale, in any horse show, horse exhibition, or horse sale or • * auction; except that this paragraph does not apply to the shipping, transporting, moving, delivering, or receiving of any horse ' -by a common or contract carrier or an employee thereof in the usual course of the carrier's business or employee's employment unless the carrier or employee has reason to believe that such horse is sore. "(2) The (A) showing or exhibiting, in any horse show or horse exhibition, of any horse which is sore, (B) entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is sore, (C) selling, auctioning, or offering for sale, in any horse sale or auction, any horse which is sore, and (D) allowing any activity described in clause (A), (B), or (C) respecting a horse which is sore by the owner of such horse. "' (3) The failure by the management of any horse show or horse '• ••" exhibition, which does not appoint and retain a person in accordance with section 4(c) of this Act, to disqualify from being shown Ante, p. 916. or exhibited any horse which is sore. "(4) The failure by the management of any horse sale or auction, which does not appoint and retain a qualified person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horee which is sore. " (5) The failure by the management of any horse show or horse exhibition, which has appointed and retained a person in accordance with section 4(c) of this Act, to disqualify from being shown or exhibited any horse (A) which is sore, and (B) after having been notified by such person or the Secretary that the horse is sore or after otherwise having knowledge that the horse is sore. "(6) The failure by the management of any horse sale or auction which has appointed and retained a person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horse (A) which is sore, and (B) after having been notified by such person or the Secretary or after otherwise having knowledge that the horse is sore. "(7) The showing or exhibiting at a horse show or horse exhibition; the selling or auctioning at a horse sale or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or hoi"Se sale or auction; the entering for the purpose oi showing or exhibiting in any horse show or horse exhibition; ' or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation under section 9 pro- 15 USC 1829. hibits to prevent the soring of horses. "(8) The failing to establish, maintain, or submit records, notices, reports, or other information required under section 4. "(9) The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by section 4. "(10) The removal of any marking required by the Secretary to identify a horse as being detained. "(11) The failure or refusal to provide the Secretary with adequate space or facilities, as the Secretary may by regulation under section 9 prescribe, in which to conduct inspections or any other activity authorized to be performed by the Secretary under this Act".

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Page:United States Statutes at Large Volume 90 Part 1.djvu/968

 90 STAT. 918 Penalties.

PUBLIC LAW 94-360—JULY 13, 1976

SEC. 7. Section 6 (15 U.S.C. 1825) is amended to read as follows: "SEC. 6. (a)(1) Except as provided in paragraph (2) of this subAnte, p. 916. section, any person AVIIO knowingly violates section 5 shall, upon conviction thereof, be fined not more than $3,000, or imprisoned for not more than one year, or both. "(2)(A) If any person knowingly violates section 5, after one or more prior convictions of such person for such a violation have become final, such person shall, upon conviction thereof, be fined not more than $5,000, or imp)risoncd foi- not more than two years, or both. "(B) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this Act; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other infonnation required to be Ante, p. 916. submitted to the Secretary under section 4 of this Act; who knowingly neglects or fails to make or cause to be made, full, true, and correct ' entries in such accounts, records, memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of i/he United States; who knowingly mutilates,, alters, or by any other means falsifies any such documentary evidence; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than $5,000, or imprisoned for not more than three years, or both. ''(C) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any per-son while engaged in or on account of the perfor-mance of his official duties under this Act shall be firred not more than $5,000, or imprisoned not more than three year-s, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than terr year-s, or both. Whoever kills any person while errgaged in or on account of the per-for-mance of his official duties under this Act shall be punishable as provided under sections 1111 and 1112 , ' of title 18, United States Code. ''(b)(1) Any person who violates section 5 of this Act shall be liable to the United States for a civil penalty of not more than $2,000 Notice and for each violatiorr. No penalty shall be assessed unless such per-son is hearing. giverr notice and opportunity for a hearing before the Secretary with respect to srrch violation. The amount of such civil penalty shall be assessed by the Secretary by written order. Irr determining the amourrt of such penalty, the Secretary shall take into account all factors relevant to such determination, including the nature, circumstances, extent, and gravity of the prohibited conduct and, with respect to the person found to have engaged in such conduct, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. Notice of appeal. "(2) Any person against whoirr a violation is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review in the court of appeals of the United States for the circuit in which such person resides or has his place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court

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Summa Theologiae/Second Part of the Second Part/Question 87

Question. 87 - OF TITHES (FOUR ARTICLES)
Next we must consider tithes, under which head there are four points of inquiry:

(1) Whether men are bound by precept to pay tithes?

(2) Of what things ought tithes to be paid?

(3) To whom ought they to be paid?

(4) Who ought to pay tithes?

Art. 1 - Whether men are bound to pay tithes under a necessity of precept?
Objection 1: It would seem that men are not bound by precept to pay tithes. The commandment to pay tithes is contained in the Old Law (Lev. 27:30), "All tithes of the land, whether of corn or of the fruits of trees, are the Lord's," and further on (Lev. 27:32): "Of all the tithes of oxen and sheep and goats, that pass under the shepherd's rod, every tenth that cometh shall be sanctified to the Lord." This cannot be reckoned among the moral precepts, because natural reason does not dictate that one ought to give a tenth part, rather than a ninth or eleventh. Therefore it is either a judicial or a ceremonial precept. Now, as stated above (FS, Q[103], A[3]; FS, Q[104], A[3]), during the time of grace men are hound neither to the ceremonial nor to the judicial precepts of the Old Law. Therefore men are not bound now to pay tithes.

Objection 2: Further, during the time of grace men are bound only to those things which were commanded by Christ through the Apostles, according to Mat. 28:20, "Teaching them to observe all things whatsoever I have commanded you"; and Paul says (Acts 20:27): "I have not spared to declare unto you all the counsel of God." Now neither in the teaching of Christ nor in that of the apostles is there any mention of the paying of tithes: for the saying of our Lord about tithes (Mat. 23:23), "These things you ought to have done" seems to refer to the past time of legal observance: thus Hilary says (Super Matth. can. xxiv): "The tithing of herbs, which was useful in foreshadowing the future, was not to be omitted." Therefore during the time of grace men are not bound to pay tithes.

Objection 3: Further, during the time of grace, men are not more bound to the legal observances than before the Law. But before the Law tithes were given, by reason not of a precept but of a vow. For we read (Gn. 28:20, 22) that Jacob "made a vow" saying: "If God shall be with me, and shall keep me in the way by which I walk . . . of all the things that Thou shalt give to me, I will offer tithes to Thee." Neither, therefore, during the time of grace are men bound to pay tithes.

Objection 4: Further, in the Old Law men were bound to pay three kinds of tithe. For it is written (Num. 18:23,24): "The sons of Levi . . . shall . . . be content with the oblation of tithes, which I have separated for their uses and necessities." Again, there were other tithes of which we read (Dt. 14:22,23): "Every year thou shalt set aside the tithes of all thy fruits, that the earth bringeth forth year by year; and thou shalt eat before the Lord thy God in the place which He shall choose." And there were yet other tithes, of which it is written (Dt. 14:28): "The third year thou shalt separate another tithe of all things that grow to thee at that time, and shalt lay it up within thy gates. And the Levite that hath no other part nor possession with thee, and the stranger, and the fatherless, and the widow, that are within thy gates, shall . . . eat and be filled." Now during the time of grace men are not bound to pay the second and third tithes. Neither therefore are they bound to pay the first.

Objection 5: Further, a debt that is due without any time being fixed for its payment, must be paid at once under pain of sin. Accordingly if during the time of grace men are bound, under necessity of precept, to pay tithes in those countries where tithes are not paid, they would all be in a state of mortal sin, and so would also be the ministers of the Church for dissembling. But this seems unreasonable. Therefore during the time of grace men are not bound under necessity of precept to pay tithes.

On the contrary, Augustine [*Append. Serm. cclxxcii], whose words are quoted 16, qu. i [*Can. Decimae], says: "It is a duty to pay tithes, and whoever refuses to pay them takes what belongs to another."

I answer that, In the Old Law tithes were paid for the sustenance of the ministers of God. Hence it is written (Malach. 3:10): "Bring all the tithes into My [Vulg.: 'the'] store-house that there may be meat in My house." Hence the precept about the paying of tithes was partly moral and instilled in the natural reason; and partly judicial, deriving its force from its divine institution. Because natural reason dictates that the people should administer the necessaries of life to those who minister the divine worship for the welfare of the whole people even as it is the people's duty to provide a livelihood for their rulers and soldiers and so forth. Hence the Apostle proves this from human custom, saying (1 Cor. 9:7): "Who serveth as a soldier at any time at his own charge? Who planteth a vineyard and eateth not of the fruit thereof?" But the fixing of the proportion to be offered to the ministers of divine worship does not belong to the natural law, but was determined by divine institution, in accordance with the condition of that people to whom the law was being given. For they were divided into twelve tribes, and the twelfth tribe, namely that of Levi, was engaged exclusively in the divine ministry and had no possessions whence to derive a livelihood: and so it was becomingly ordained that the remaining eleven tribes should give one-tenth part of their revenues to the Levites [*Num. 18:21] that the latter might live respectably; and also because some, through negligence, would disregard this precept. Hence, so far as the tenth part was fixed, the precept was judicial, since all institutions established among this people for the special purpose of preserving equality among men, in accordance with this people's condition, are called "judicial precepts." Nevertheless by way of consequence these institutions foreshadowed something in the future, even as everything else connected with them, according to 1 Cor. 12, "All these things happened to them in figure." In this respect they had something in common with the "ceremonial precepts," which were instituted chiefly that they might be signs of the future. Hence the precept about paying tithes foreshadowed something in the future. For ten is, in a way, the perfect number (being the first numerical limit, since the figures do not go beyond ten but begin over again from one), and therefore he that gave a tenth, which is the sign of perfection, reserving the nine other parts for himself, acknowledged by a sign that imperfection was his part, and that the perfection which was to come through Christ was to be hoped for from God. Yet this proves it to be, not a ceremonial but a judicial precept, as stated above.

There is this difference between the ceremonial and judicial precepts of the Law, as we stated above (FS, Q[104], A[3]), that it is unlawful to observe the ceremonial precepts at the time of the New Law, whereas there is no sin in keeping the judicial precepts during the time of grace although they are not binding. Indeed they are bound to be observed by some, if they be ordained by the authority of those who have power to make laws. Thus it was a judicial precept of the Old Law that he who stole a sheep should restore four sheep (Ex. 22:1), and if any king were to order this to be done his subjects would be bound to obey. In like manner during the time of the New Law the authority of the Church has established the payment of tithe; thus showing a certain kindliness, lest the people of the New Law should give less to the ministers of the New Testament than did the people of the Old Law to the ministers of the Old Testament; for the people of the New Law are under greater obligations, according to Mat. 5:20, "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven," and, moreover, the ministers of the New Testament are of greater dignity than the ministers of the Old Testament, as the Apostle shows (2 Cor. 3:7,8).

Accordingly it is evident that man's obligation to pay tithes arises partly from natural law, partly from the institution of the Church; who, nevertheless, in consideration of the requirements of time and persons might ordain the payment of some other proportion.

This suffices for the Reply to the First Objection.

Reply to Objection 2: The precept about paying tithes, in so far as it was a moral precept, was given in the Gospel by our Lord when He said (Mat. 10:10) [*The words as quoted are from Lk. 10:7: Matthew has 'meat' instead of 'hire']: "The workman is worthy of his hire," and the Apostle says the same (1 Cor. 9:4 seqq.). But the fixing of the particular proportion is left to the ordinance of the Church.

Reply to Objection 3: Before the time of the Old Law the ministry of the divine worship was not entrusted to any particular person; although it is stated that the first-born were priests, and that they received a double portion. For this very reason no particular portion was directed to be given to the ministers of the divine worship: but when they met with one, each man of his own accord gave him what he deemed right. Thus Abraham by a kind of prophetic instinct gave tithes to Melchisedech, the priest of the Most High God, according to Gn. 14:20, and again Jacob made a vow to give tithes [*Gn. 28:20], although he appears to have vowed to do so, not by paying them to ministers, but for the purpose of the divine worship, for instance for the fulfilling of sacrifices, hence he said significantly: "I will offer tithes to Thee."

Reply to Objection 4: The second kind of tithe, which was reserved for the offering of sacrifices, has no place in the New Law, since the legal victims had ceased. But the third kind of tithe which they had to eat with the poor, is increased in the New Law, for our Lord commanded us to give to the poor not merely the tenth part, but all our surplus, according to Lk. 11:41: "That which remaineth, give alms." Moreover the tithes that are given to the ministers of the Church should be dispensed by them for the use of the poor.

Reply to Objection 5: The ministers of the Church ought to be more solicitous for the increase of spiritual goods in the people, than for the amassing of temporal goods: and hence the Apostle was unwilling to make use of the right given him by the Lord of receiving his livelihood from those to whom he preached the Gospel, lest he should occasion a hindrance to the Gospel of Christ [*1 Cor. 9:12]. Nor did they sin who did not contribute to his upkeep, else the Apostle would not have omitted to reprove them. In like manner the ministers of the Church rightly refrain from demanding the Church's tithes, when they could not demand them without scandal, on account of their having fallen into desuetude, or for some other reason. Nevertheless those who do not give tithes in places where the Church does not demand them are not in a state of damnation, unless they be obstinate, and unwilling to pay even if tithes were demanded of them.

Art. 2 - Whether men are bound to pay tithes of all things?
Objection 1: It would seem that men are not bound to give tithes of all things. The paying of tithes seems to be an institution of the Old Law. Now the Old Law contains no precept about personal tithes, viz. those that are payable on property acquired by one's own act, for instance by commerce or soldiering. Therefore no man is bound to pay tithes on such things.

Objection 2: Further, it is not right to make oblations of that which is ill-gotten, as stated above (Q[86], A[3]). Now oblations, being offered to God immediately, seem to be more closely connected with the divine worship than tithes which are offered to the ministers. Therefore neither should tithes be paid on ill-gotten goods.

Objection 3: Further, in the last chapter of Leviticus (30,32) the precept of paying tithes refers only to "corn, fruits of trees" and animals "that pass under the shepherd's rod." But man derives a revenue from other smaller things, such as the herbs that grow in his garden and so forth. Therefore neither on these things is a man bound to pay tithes.

Objection 4: Further, man cannot pay except what is in his power. Now a man does not always remain in possession of all his profit from land and stock, since sometimes he loses them by theft or robbery; sometimes they are transferred to another person by sale; sometimes they are due to some other person, thus taxes are due to princes, and wages due to workmen. Therefore one ought not to pay tithes on such like things.

On the contrary, It is written (Gn. 28:22): "Of all things that Thou shalt give to me, I will offer tithes to Thee."

I answer that, In judging about a thing we should look to its principle. Now the principle of the payment of tithes is the debt whereby carnal things are due to those who sow spiritual things, according to the saying of the Apostle (1 Cor. 9:11), "If we have sown unto you spiritual things, is it a great matter if we reap your carnal things?" [thus implying that on the contrary "it is no great matter if we reap your carnal things"] [*The phrase in the brackets is omitted in the Leonine edition]. For this debt is the principle on which is based the commandment of the Church about the payment of tithes. Now whatever man possesses comes under the designation of carnal things. Therefore tithes must be paid on whatever one possesses.

Reply to Objection 1: In accordance with the condition of that people there was a special reason why the Old Law did not include a precept about personal tithes; because, to wit, all the other tribes had certain possessions wherewith they were able to provide a sufficient livelihood for the Levites who had no possessions, but were not forbidden to make a profit out of other lawful occupations as the other Jews did. On the other hand the people of the New Law are spread abroad throughout the world, and many of them have no possessions, but live by trade, and these would contribute nothing to the support of God's ministers if they did not pay tithes on their trade profits. Moreover the ministers of the New Law are more strictly forbidden to occupy themselves in money-making trades, according to 2 Tim. 2:4, "No man being a soldier to God, entangleth himself with secular business." Wherefore in the New Law men are bound to pay personal tithes, according to the custom of their country and the needs of the ministers: hence Augustine, whose words are quoted 16, qu. 1, cap. Decimae, says [*Append. Serm. cclxxvii]: "Tithes must be paid on the profits of soldiering, trade or craft."

Reply to Objection 2: Things are ill-gotten in two ways. First, because the getting itself was unjust: such, for instance, are things gotten by robbery, theft or usury: and these a man is bound to restore, and not to pay tithes on them. If, however, a field be bought with the profits of usury, the usurer is bound to pay tithes on the produce, because the latter is not gotten usuriously but given by God. On the other hand certain things are said to be ill-gotten, because they are gotten of a shameful cause, for instance of whoredom or stage-playing, and the like. Such things a man is not bound to restore, and consequently he is bound to pay tithes on them in the same way as other personal tithes. Nevertheless the Church must not accept the tithe so long as those persons remain in sin, lest she appear to have a share in their sins: but when they have done penance, tithes may be accepted from them on these things.

Reply to Objection 3: Things directed to an end must be judged according to their fittingness to the end. Now the payment of tithes is due not for its own sake, but for the sake of the ministers, to whose dignity it is unbecoming that they should demand minute things with careful exactitude, for this is reckoned sinful according to the Philosopher (Ethic. iv, 2). Hence the Old Law did not order the payment of tithes on such like minute things, but left it to the judgment of those who are willing to pay, because minute things are counted as nothing. Wherefore the Pharisees who claimed for themselves the perfect justice of the Law, paid tithes even on these minute things: nor are they reproved by our Lord on that account, but only because they despised greater, i.e. spiritual, precepts; and rather did He show them to be deserving of praise in this particular, when He said (Mat. 23:23): "These things you ought to have done," i.e. during the time of the Law, according to Chrysostom's [*Hom. xliv in the Opus Imperfectum falsely ascribed to St. John Chrysostom] commentary. This also seems to denote fittingness rather than obligation. Therefore now too men are not bound to pay tithes on such minute things, except perhaps by reason of the custom of one's country.

Reply to Objection 4: A man is not bound to pay tithes on what he has lost by theft or robbery, before he recovers his property: unless he has incurred the loss through his own fault or neglect, because the Church ought not to be the loser on that account. If he sell wheat that has not been tithed, the Church can command the tithes due to her, both from the buyer who has a thing due to the Church, and from the seller, because so far as he is concerned he has defrauded the Church: yet if one pays, the other is not bound. Tithes are due on the fruits of the earth, in so far as these fruits are the gift of God. Wherefore tithes do not come under a tax, nor are they subject to workmen's wages. Hence it is not right to deduct one's taxes and the wages paid to workmen, before paying tithes: but tithes must be paid before anything else on one's entire produce.

Art. 3 - Whether tithes should be paid to the clergy?
Objection 1: It would seem that tithes should not be paid to the clergy. Tithes were paid to the Levites in the Old Testament, because they had no portion in the people's possessions, according to Num. 18:23,24. But in the New Testament the clergy have possessions not only ecclesiastical, but sometimes also patrimonial: moreover they receive first-fruits, and oblations for the living and the dead. Therefore it is unnecessary to pay tithes to them.

Objection 2: Further, it sometimes happens that a man dwells in one parish, and farms in another; or a shepherd may take his flock within the bounds of one parish during one part of the year, and within the bounds of one parish during one part of the year, and within the bounds of another parish during the other part of the year; or he may have his sheepfold in one parish, and graze the sheep in another. Now in all these and similar cases it seems impossible to decide to which clergy the tithes ought to be paid. Therefore it would seem that no fixed tithe ought to be paid to the clergy.

Objection 3: Further, it is the general custom in certain countries for the soldiers to hold the tithes from the Church in fee; and certain religious receive tithes. Therefore seemingly tithes are not due only to those of the clergy who have care of souls.

On the contrary, It is written (Num. 18:21): "I have given to the sons of Levi all the tithes of Israel for a possession, for the ministry wherewith they serve Me in the Tabernacle." Now the clergy are the successors of the sons of Levi in the New Testament. Therefore tithes are due to the clergy alone.

I answer that, Two things have to be considered with regard to tithes: namely, the right to receive tithes, and the things given in the name of tithes. The right to receive tithes is a spiritual thing, for it arises from the debt in virtue of which the ministers of the altar have a right to the expenses of their ministry, and temporal things are due to those who sow spiritual things. This debt concerns none but the clergy who have care of souls, and so they alone are competent to have this right.

On the other hand the things given in the name of tithes are material, wherefore they may come to be used by anyone, and thus it is that they fall into the hands of the laity.

Reply to Objection 1: In the Old Law, as stated above (A[1], ad 4), special tithes were earmarked for the assistance of the poor. But in the New Law the tithes are given to the clergy, not only for their own support, but also that the clergy may use them in assisting the poor. Hence they are not unnecessary; indeed Church property, oblations and first-fruits as well as tithes are all necessary for this same purpose.

Reply to Objection 2: Personal tithes are due to the church in whose parish a man dwells, while predial tithes seem more reasonably to belong to the church within whose bounds the land is situated. The law, however, prescribes that in this matter a custom that has obtained for a long time must be observed [*Cap. Cum sint, and Cap. Ad apostolicae, de Decimis, etc.]. The shepherd who grazes his flock at different seasons in two parishes, should pay tithe proportionately to both churches. And since the fruit of the flock is derived from the pasture, the tithe of the flock is due to the church in whose lands the flock grazes, rather than to the church on whose land the fold is situated.

Reply to Objection 3: Just as the Church can hand over to a layman the things she receives under the title of tithe, so too can she allow him to receive tithes that are yet to be paid, the right of receiving being reserved to the ministers of the Church. The motive may be either the need of the Church, as when tithes are due to certain soldiers through being granted to them in fee by the Church, or it may be the succoring of the poor; thus certain tithes have been granted by way of alms to certain lay religious, or to those that have no care of souls. Some religious, however, are competent to receive tithes, because they have care of souls.

Art. 4 - Whether the clergy also are bound to pay tithes?
Objection 1: It would seem that clerics also are bound to pay tithes. By common law [*Cap. Cum homines, de Decimis, etc.] the parish church should receive the tithes on the lands which are in its territory. Now it happens sometimes that the clergy have certain lands of their own on the territory of some parish church, or that one church has ecclesiastical property on the territory of another. Therefore it would seem that the clergy are bound to pay predial tithes.

Objection 2: Further, some religious are clerics; and yet they are bound to pay tithes to churches on account of the lands which they cultivate even with their own hands [*Cap. Ex parte, and Cap. Nuper.]. Therefore it would seem that the clergy are not immune from the payment of tithes.

Objection 3: Further, in the eighteenth chapter of Numbers (26,28), it is prescribed not only that the Levites should receive tithes from the people, but also that they should themselves pay tithes to the high-priest. Therefore the clergy are bound to pay tithes to the Sovereign Pontiff, no less than the laity are bound to pay tithes to the clergy.

Objection 4: Further, tithes should serve not only for the support of the clergy, but also for the assistance of the poor. Therefore, if the clergy are exempt from paying tithes, so too are the poor. Yet the latter is not true. Therefore the former is false.

On the contrary, A decretal of Pope Paschal [*Paschal II] says: "It is a new form of exaction when the clergy demand tithes from the clergy" [*Cap. Novum genus, de Decimis, etc.].

I answer that, The cause of giving cannot be the cause of receiving, as neither can the cause of action be the cause of passion; yet it happens that one and the same person is giver and receiver, even as agent and patient, on account of different causes and from different points of view. Now tithes are due to the clergy as being ministers of the altar and sowers of spiritual things among the people. Wherefore those members of the clergy as such, i.e. as having ecclesiastical property, are not bound to pay tithes; whereas from some other cause through holding property in their own right, either by inheriting it from their kindred, or by purchase, or in any other similar manner, they are bound to the payment of tithes.

Hence the Reply to the First Objection is clear, because the clergy like anyone else are bound to pay tithes on their own lands to the parish church, even though they be the clergy of that same church, because to possess a thing as one's private property is not the same as possessing it in common. But church lands are not tithable, even though they be within the boundaries of another parish.

Reply to Objection 2: Religious who are clerics, if they have care of souls, and dispense spiritual things to the people, are not bound to pay tithes, but they may receive them. Another reason applies to other religious, who though clerics do not dispense spiritual things to the people; for according to the ordinary law they are bound to pay tithes, but they are somewhat exempt by reason of various concessions granted by the Apostolic See [*Cap. Ex multiplici, Ex parte, and Ad audientiam, de Decimis, etc.].

Reply to Objection 3: In the Old Law first-fruits were due to the priests, and tithes to the Levites; and since the Levites were below the priests, the Lord commanded that the former should pay the high-priest "the tenth part of the tenth" [*Num. 18:26] instead of first-fruits: wherefore for the same reason the clergy are bound now to pay tithes to the Sovereign Pontiff, if he demanded them. For natural reason dictates that he who has charge of the common estate of a multitude should be provided with all goods, so that he may be able to carry out whatever is necessary for the common welfare.

Reply to Objection 4: Tithes should be employed for the assistance of the poor, through the dispensation of the clergy. Hence the poor have no reason for accepting tithes, but they are bound to pay them.


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 PUBLIC LAW 94-360—JULY 13, 1976 a certified copy of the record upon which such violation was found and such penalty assessed, as provided in section 2112 of title 28, United States Code. The findings of the Secretary shall be set aside if found to be unsupported by substantial evidence. " (3) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court of appeals has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States. I n such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. " (4) The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection. " (c) I n addition to any fine, imprisonment, or civil penalty authorized under this section, any person who was convicted under subsection (a) or who paid a civil penalty assessed under subsection (b) or is subject to a final order under such subsection assessing a civil penalty for any violation of any provision of this Act or any regulation issued under this Act may be disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction for a period of not less than one year for the first violation and not less than five years for any subsequent violation. Any person who knowingly fails to obey an order of disqualification shall be subject to a civil penalty of not more than $3,000 for each violation. Any horse show, horse exhibition, or horse sale or auction, or the management thereof, collectively and severally, which knowingly allows any person who is under an order of disqualification to show or exhibit any horse, to enter for the purpose of showing or exhibiting any horse, to take part in managing or judging, or otherwise to participate in any horse show, horse exhibition, or horse sale or auction in violation of an order shall be subject to a civil penalty of not more than $3,000 for each violation. The provisions of subsection (b) respecting the assessment, review, collection, and compromise, modification, and remission of a civil penalty apply with respect to civil penalties under this subsection. " (d)(1) The Secretary may require by subpena the attendance and testimony of witnesses and the production of books, papers, and documents relating to any matter under investigation or the subject of a proceeding. Witnesses summoned before the Secretary shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. " (2) The attendance of witnesses, and the production of books, papers, and documents, may be required at any designated place from any place in the United States. I n case of disobedience to a subpena the Secretary, or any party to a proceeding before the Secretary, may invoke the aid of any appro^jriate district court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this Act. " (3) The Secretary may order testimony to be taken by deposition under oath in any proceeding or investigation pending before him, at any stage of the proceeding or investigation. Depositions may be taken

90 STAT. 9 1 9

Referral to Attorney General.

Subpena of witnesses and records. Witness fees.

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 90 STAT. 920

Detention for examination.

Technical and other nonftnancial assistance.

Ante, p. 916.

PUBLIC LAW 94-360—JULY 13, 1976 before any person designated by the Secretary who has power to administer oaths. The Secretary may also require the production of books, papers, and documents at the taking of depositions. " (4) Witnesses whose depositions are taken and the persons taking them shall be entitled to the same fees as paid for like services in the courts of the United States or in other jurisdictions in which they may appear. " (5) In any civil or criminal action to enforce this Act or any regulation under this Act a horse shall be presumed to be a horse which is sore if it manifests abnormal sensitivity or inflammation in both of its f orelimbs or both of its hindlimbs. "(6) The United States district courts, the District Court of Guam, the District Couit of the Virgin Islands, the highest court of American Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in subsection (b) of this section. "(e)(1) The Secretary may detain (for a period not to exceed twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore. The Secretary may require the temporary marking of any horse during the period of its detention for the purpose of identifying the horse as detained. A horse which is detained subject to this paragraph shall not be moved by any person from the place it is so detained except as authorized by the Secretary or until the expiration of the detention period applicable to the horse. "(2) Any equipment, device, paraphernalia, or substance which was used in violation of any provision of this Act or any regulation issued under this Act or which contributed to the soring of any horse at or prior to any horse show, horse exhibition, or horee sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court within the jurisdiction of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceedings in rem in admiralty.". SEC. 8. Section 8 (15 U.S.C. 1827) is amended by inserting " (a) " after "SEC. 8." and by adding at the end of such section the following: "(b) The Secretary may, upon request, provide technical and other nonfinancial assistance (including the lending of equipment on such terms and conditions as the Secretary determines is appropriate) to any State to assist it in administering and enforcing any law of such State designed to prohibit conduct described in section 5.". SEC. 9. Section 11 (15 U.S.C. 1830) is amended by striking out "twenty-four calendar-month period" and inserting in lieu thereof "twelve calendar months".

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 PUBLIC LAW 94-360—JULY 13, 1976 SEC. 10. Effective July 1, 1976, section 12 (15 U.S.C. 1831) is amended to read as follows: "SEC. 12. There are authorized to be appropriated to carry out this Act $125,000 for the period beginning July 1, 1976, and ending September 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appropriated such sums, not to exceed $500,000, as may be necessary to carry out this Act.". Approved July 13, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1174 accompanying H.R. 13711 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-418 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 9, considered and passed Senate. Vol. 122 (1976): June 21, considered and passed House, amended, in lieu of H.R. 13711. June 24, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 29: July 14, Presidential statement.

90 STAT. 921 Appropriation authorization. Effective date.

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 90 STAT. 923

PUBLIC LAW 94-361—JULY 14, 1976

Public Law 94-361 94th Congress An Act To authorize appropriations during the fiscal year 1977 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test, and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads, and for other purposes.

Be it enacted by the Seivate atul House of Representatives United States of America in Congress assembled,

July 14, 1976 [H.R. 12438]

of the

TITLE I—PKOCUREMENT SEC. 101. Funds are hereby authorized to be appropriated during the fiscal year 1977 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons in amounts as follows: AiRCKArr

For aircraft: for the Army, $554,100,000; for the Navy and the Marine Corps, $2,995,800,000, of which not more than $104,100,000 shall be available only for the procurement of U S - 3 A C O D aircraft and of which $65,800,000 shall be available only for the procurement of the A - 6 E aircraft; for the A i r Force, $6,143,800,000. MISSILES

For missiles: for the Army, $552,400,000; for the Navy, $1,732,900,000, of which no funds may be expended on the Sparrow A I M - 7 F missile program until the Secretary of Defense certifies to the Committees on A r m e d Services of the Senate and the House of Representatives that he has reviewed the test and evaluation results for such missile and has determined, on the basis of such results, that such missile fulfills Navy and A i r Force mission requirements and is combat-effective; for the Marine Corps, $71,900,000; for the A i r Force, $1,883,100,000, of which $317,000,000 shall be used only for the procurement of Minuteman III missiles. NAVAL, VESSELS

For naval vessels: for the Navy, $6,655,000,000. TRACKED COMBAT V E H I C L E S

For tracked combat vehicles: for the Army, $1,056,500,000, of which $65,200,000 shall be available for p l a n t facilities expansion and modernization for future X M - 1 t a n k production, but none of such funds may be obligated on a specific production site until such time as competitive testing between possible United States X M - 1 tank contenders has been completed and a winning United States contractor designated; for the Marine Corps, $29,700,000.

Department of Defense Appropriation Authorization Act, 1977.

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Page:United States Statutes at Large Volume 90 Part 1.djvu/974

 90 STAT. 924

PUBLIC LAW 94-361—JULY 14, 1976 TORPEDOES

For torpedoes and related support equipment: for the Navy, $236,800,000. OTHER WEAPONS

_

For other weapons: for the Army, $57,300,000; for the Navy, $73,000,000; for the Marine Corps, $3,500,000; for the Air Force, $400,000. TITLE II—KESEARCH, DEVELOPMENT, TEST, AND EVALUATION

_

SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 1977 for the use of the Armed Forces of the United States for research, development, test, and evaluation in amounts as follows: For the Army, $2,281,491,000, except that none of the funds authorized by this Act may be used to initiate Phase 2 engineering development on the 30 millimeter gun for the Advance Attack Helicopter until (1) the Secretary of the Army has selected the ammunition for such gun and notified the Committees on Armed Services of the Senate and the House of Representatives of such selection, and (2) 30 days have expired following the day on which such committees received such notification. For the Navy (including the Marine Corps), $3,708,101,000; of which not to exceed $2,000,000 shall be available for the completion by June 30, 1977, of the advanced development phase of the Sparrow AIM-7F monopulse missile; and of which $15,000,000 shall be available for the engineering development phase of the AIM-7F monopulse missile, but only if (1) the missile flight test and evaluation results fully demonstrate the ability of such missile to perform in accordance with the specifications and requirements for the AIM-7F monopulse missile, and (2) not less than $5,000,000 has been appropriated for the development of a new adverse weather medium range air-to-air missile and the Secretary of the Navy and Secretary of the Air Force have commenced development of such missile. For the Air Force, $3,749,530,000; and For the Defense Agencies, $687,880,000, of which $30,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense. SEC. 202. For the Director of Defense Research and Engineering, $49,000,000 to be used only for research, development, test, and evaluation of the Trident missile system, including the continued design of the thrust termination system and the development of a backup propellent for such system. TITLE III—ACTIVE FORCES

Report to Congress.

SEC, 301. For the fiscal year beginning October 1, 1976, the components of the Armed Forces are authorized end strengths for active duty personnel as follows: (1) The Army, 789,000; (2) The Navy, 540,600; (3) The Marine Corps, 192,000; (4) The Air Force, 571,000. SEC. 302. Paragraph (3) of section 138(c) of title 10, United States Code, is amended by adding at the end thereof a new sentence as follows: "Such report shall also identify, define, and group by mission

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 PUBLIC LAW 94-361—JULY 14, 1976 and by region the types of military bases, installations, and facilities and snail provide an explanation and justification of the relationship between this base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce such costs.". SEC. 303. (a) Clause (3) of section 1009(b) of title 37, United States Code, is amended by inserting "subject to subsection (c)," after "(3)". (b) Section 1009 of such title is further amended by adding at the end thereof the following new subsections: "(c) Whenever the President determines such action to be in the best interest of the Government, he is authorized to allocate the overall average percentage of any increase described in subsection (b)(3) among the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis; however, the amount allocated to the element of monthly basic pay may not be less than 75 per centum of the amount that would have been allocated to the element of basic pay under subsection (b)(3). "(d) Under regulations prescribed by the President, whenever the President exercises his authority under subsection (c) to allocate the elements of compensation specified in subsection (a) on a percentage basis other than an equal percentage basis, he may pay to each member without dependents who, under section 403(b) or (c), is not entitled to receive a basic allowance for quarters, an amount equal to the difference between (1) the amount of such increase under subsection (c) in the amount of the basic allowance for quarters which, but for section 403(b) or (c), such member would be entitled to receive, and (2) the amount by which such basic allowance for quarters would have been increased under subsection (b)(3) if the President had not exercised such authority. "(e) Whenever the President plans to exercise his authority under subsection (c) with respect to any anticipated increase in the compensation of members of the uniformed services, he shall advise the Congress, at the earliest practicable time prior to the effective date of such increase, regarding the proposed allocation of such increase among the different elements of compensation. "(f) The allocations of increases made under this section among the three elements of compensation shall be assessed in conjunction with the quadrennial review of military compensation required by section 1008(b), and a full report shall be made to the Congress summarizing the objectives and results of those allocations.". SEC. 304. (a) Subsection (a) of section 501 of title 37, United States Code, is amended by (1) striking out "In subsections (b)-(f) of this section— " (1) 'discharge' means—" and inserting in lieu thereof "In this section, 'discharge' means—"; (2) redesignating subclauses (A), (B), and (C) of clause (1) as clauses (1), (2), and (3), respectively; and (3) striking out the semicolon at the end of clause (3), as redesignated, and inserting in lieu thereof a period. (b) Subsection (a) of such section is further amended by striking out clauses (2), (3), and (4). (c) Subsection (b) of such section is amended to read as follows: "(b)(1) A member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration, who has accrued leave to his credit at the time of his discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which he was entitled on the date of discharge.

90 STAT. 925

Compensationi adjustments, allocation.

Advice to Congress.

Report to Congress.

Leave.

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 90 STAT. 926

PUBLIC LAW 94-361—JULY 14, 1976

" (2) Payment may not be made under this subsection to a member who is discharged for the purpose of accepting an appointment or a warrant, or entering into an enlistment, in any uniformed service. " (3) Payment may not be made to a member for any leave he elects to have carried over to a new enlistment in any uniformed service on the day after the date of his discharge; but payment may be made to a member for any leave he elects not to carry over to a new enlistment. However, the number of days of leave for which payment is made may not exceed sixty, less the number of days for which payment was previously made under this section after the first day of the second calendar month following the month in which the Department of Ante, p. 923. Defense Appropriation Authorization Act, 1977, was enacted. "(4) A member to whom a payment may not be made under this subsection, or a member who reverts from officer to enlisted status, carries the accrued leave standing to his credit from the one status to the other within any uniformed service.". (d) The last sentence of subsection (d) of such section is amended to read as follows: "However, the number of days upon which pay/ ment is based is subject to subsection (f).". (e) Subsection (e) of such section is amended by striking out "Environmental Science Services Administration" and inserting in lieu thereof "National Oceanic and Atmospheric Administration". ' (f) Subsection (f) is amended to read as follows: "(f) The number of days upon which payment under subsection (b), (d), or (g) is based may not exceed sixty, less the number of days for which payment has been previously made under such subsections after the first day of the second calendar month following the month in which the Department of Defense Appropriation Authorization Act, 1977, was enacted. For the purposes of this subsection, the number of days upon which payment may be based shall be determined without regard to any break in service or change in status in the uniformed services.". (g) The second sentence of subsection (g) is amended to read as follows: "However, the number of days upon which the lump-sum payment is based is subject to subsection (f).". 37 USC 501 note. (h) Notwithstanding the provisions of section 501(b)(1) of title 37, United States Code, as amended by subsection (c), and subject to the limitations prescribed in section 501(b)(3) of such title, as amended by subsection (c), any leave accrued by any member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or National Oceanic and Atmospheric Administration prior to the first day of the second calendar month following the month in which this section is enacted shall, at the option of such member, be paid for on the same basis such leave would have been paid for under the provisions of section 501(b) of title 37, United States Code, on the day prior to the first day of the second calendar month following the month in which this section is enacted. 37 USC 302 note. SEC. 305. The second sentence of section 2 of Public Law 93-274 (88 Stat. 94) is amended by striking out that portion preceding "authority for" and inserting in lieu thereof "The". TITLE IV—RESERVE FORCES SEC. 401. (a) For the fiscal year beginning October 1, 1976, the Selected Reserves of the Reserve components of the Armed Forces shall be programed to attain average strengths of not less than the following:

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 PUBLIC LAW 9 4 - 3 6 1 — J U L Y 14, 1976

90 STAT. 927

(1) The Army National G u a r d of the United States, 390,000; (2) The Army Reserve, 212,400; (3) The Naval Reserve, 96,500; (4) The Marine Corps Reserve, 33,500; (5) The A i r National G u a r d of the United States, 93,300; (6) The A i r Force Reserve, 52,000; (7) The Coast G u a r d Reserve, 11,700. (b) The average strength prescribed by subsection (a) of this sec- Reduction in tion for the Selected Reserve of any Reserve component shall be pro- strength. portionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component vs^hich are on active duty (other than for t r a i n i n g) at any time during such fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for t r a i n i n g or for unsatisfactory participation in t r a i n i n g) without their consent at any time during such fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength prescribed for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. TITLE V—CIVILIAN PERSONNEL SEC. 501. (a) For the fiscal year beginning October 1, 1976, the Department of Defense is authorized an end strength for civilian personnel of 1,031,000. (b) The end strength for civilian persoimel prescribed in subsection (a) of this section shall be apportioned among the Department of the Army, the Department of the Navy, including the Marine Corps, the Department of the A i r Force, and the agencies of the Department of Defense (other than the military departments) in such numbers as the Secretary of Defense shall prescribe. The Secretary of Defense Report to shall report to the Congress within 60 days after the date of enact- Congress. ment of this Act on the manner in which the allocation of civilian personnel is made among the military departments and the agencies of the Department of Defense (other than the military departments) and shall include the rationale for each allocation. (c) I n computing the authorized end strength for civilian personnel, there shall be included all direct-hire and indirect-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, duty, or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense or from another department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel I'equired as a result of such transfer or assignment.

89-194 O—78—pt. 1

62

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 90 STAT. 928

PUBLIC LAW 94-361—JULY 14, 1976 (d) When the Secretary of Defense determines that such action is necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized by subsection (a) of this section but such additional number may not exceed one-half of 1 per centum of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress of any authorization to increase civilian personnel strength under the authority of this subsection.

Notice to Congress.

TITLE VI—MILITARY TRAINING STUDENT LOADS

-

10 USC 9315.

SEC. 601. (a) For the fiscal year beginning October 1, 1976, the components of the Armed Forces are authorized average military training student loads as follows: (1) The Army, 81,429; (2) The Navy, 66,914; (3) The Marine Corps, 25.501; (4) The Air Force, 49,610; (5) The Army National Guard of the United States, 12,804; (6) The Army Reserve, 7,023; (7) The Naval Reserve, 1,257; (8) The Marine Corps Reserve, 3,562; (9) The Air National Guard of the United States, 2,232; and (10) The Air Force Reserve, 1,107. (b) The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components authorized by subsection (a) for the fiscal year beginning October 1, 1976, shall be adjusted consistent with the manpower strengths authorized by titles III, IV, and V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components in such manner as the Secretary of Defense shall prescribe. SEC. 602. Chapter 901 of title 10, United States Code, is amended by adding at the end thereof the following new section and inserting a corresponding item in the analysis of such chapter: "§9315. Community College of the Air Force: associate degrees "(a) There is in the Air Force a Community College of the Air Force. Such college, in cooperation with civilian colleges and universities, shall— "(1) prescribe programs of higher education for enlisted members of the armed forces designed to improve the technical, managerial, and related skills of such members and to prepare such members for military jobs which require the utilization of such skills; and "(2) monitor on a continuing basis the progress of members pursuing such programs. "(b) Subject to subsection (c), the commander of the Air Training Command of the Air Force may confer an academic degree at the level of associate upon any enlisted member who has completed the program prescribed by the Community College of the Air Force. "(c) No degree may be conferred upon any enlisted member under this section unless (1) the Community College of the Air Force certifies to the commander of the Air Force Training Command that such member has satisfied all the requirements prescribed for such degree, and (2) the Commissioner of Education of the Department of Health,

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 PUBLIC LAW 94-361—JULY 14, 1976

90 STAT. 929

Education, and Welfare determines that the standards for the award of academic degrees in agencies of the United States have been met.". SEC. 603. (a) It is the policy of the United States that the United 46 USC 1126-L States Navy and the Merchant Marine of the United States work closely together to promote the maximum integration of the total seapowder forces of the Nation, In furtherance of this policy, it is necessary and desirable that special steps be taken to assure that Naval Reserve Officer Training Corps programs (for training future naval officers) be maintained at Federal and State merchant marine academies. (b) It is the sense of the Congress that the Secretary of the Navy should work with the Assistant Secretary of Commerce for Maritime Affairs and the administrators of the several merchant marine academies to assure that the training available at these academies is consistent wnth Navy standards and needs. SEC. 604. The Act of November 24, 1951, Public Law 92-172 (85 37 USC 209note. Stat. 491), is amended by striking out "1976" and inserting in lieu thereof "1977". TITLE VII—SUPPLEMENTAL AUTHORIZATION OF FUNDS FOR THE NAVY FOR FISCAL YEAR 1976 SEC. 701. In addition to the funds authorized to be appropriated by the Department of Defense Appropriation Authorization Act, 1976, 89 Stat. 531. there is authorized to be appropriated to the Navy during the fiscal year 1976 for research, development, test, and evaluation, $8,000,000. TITLE VIII—GENERAL PROVISIONS SEC. 801. (a) The second sentence of section 1401a(b) of title 10, United States Code, is amended by striking out "the per centum obtained by adding 1 per centum and". (b) The second sentence of paragraph (2) of section 291(a) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (78 Stat. 1043; 50 U.S.C. 403 note) is amended by striking out "1 per centum plus". (c)(1) The amendments made by subsections (a) and (b) shall not become effective unless legislation is enacted repealing the so-called 1 per centum add-on provision applicable to the cost-of-living adjustment of annuities paid under chapter 83 of title 5, United States Code. In the event such legislation is enacted, such amendments shall become effective with respect to the cost-of-living adjustment of the retired pay and retainer pay of members and former members of the Armed Forces and the cost-of-living adjustment of annuities paid under the Central Intelligence Agency Act of 1964 for Certain Employees at the same time the repeal of such 1 per centum add-on provision becomes effective with respect to such cost-of-living adjustment of annuities paid under such chapter 83. (2) If any change other than the repeal of the so-called 1 per centum add-on provision referred to in paragraph (1) is made in the method of computing the cost-of-living adjustment of annuities paid under chapter 83 of title 5, United States Code, the President shall make the same change in the cost-of-living adjustment of retired pay and retainer pay of members and former members of the Armed Forces and the cost-of-living adjustment of annuities paid under the Central Intelligence Agency Act of 1964 for Certain Employees. Any change made under this paragraph shall have the same effective date as the

10 USC 1401a note. 5 USC 8301 ^'^ *«?•

50 USC 403 note,

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 90 STAT. 930 5 USC 8301 et seq.

89 Stat. 540. Standardized or interoperable equipment.

Report to Congress. 89 Stat. 531.

Report to Congress.

88 Stat. 402. NATO members, standardized or interoperable weapons and equipment.

PUBLIC LAW 94-361—JULY 14, 1976 effective date applicable to such change made in annuities under chapter 83 of title 5, United States Code. (3) The provisions of paragraphs (1) and (2) relating to any change in the method of computing the cost-of-living adjustment of the retired pay or retainer pay of members and former members of the Armed Forces shall be applicable to the computation of cost-ofliving adjustments of the retired pay of commissioned officers of the National Oceanic and Atmospheric Administration and the retired pay of commissioned officers of the Public Health Service. SEC. 802. Section 814(a) of the Department of Defense Appropriation Authorization Act, 1976 (89 Stat. 544), is amended to read as follows: "(a)(1) It is the policy of the United States that equipment procured for the use of personnel of the Armed Forces of the United States stationed in Europe under the terms of the North Atlantic Treaty should be standardized or at least interoperable with equipment of other members of the North Atlantic Treaty Organization. In carrying out such policy the Secretary of Defense shall, to the maximum feasible extent, initiate and carry out procurement procedures that provide for the acquisition of equipment which is standardized or interoperable wath equipment of other members of the North Atlantic Treaty Organization whenever such equipment is to be used by personnel of the Armed Forces of the United States stationed in Europe under the terms of the North Atlantic Treaty. Such procedures shall also take into consideration the cost, functions, quality, and availability of the equipment to be procured. In any case in which equipment authorized to be procured under title I of this Act is utilized for the purpose of carrying out the foregoing policy, the Secretary of Defense shall report to Congress the full details of the nature and substance of any and all agreements entered into by the United States with any other member or members of the North Atlantic Treaty Organization providing for the acquisition of equipment manufactured outside the United States in exchange for, or as a part of, any other agreement by such member or members to acquire equipment manufactured in the United States. Such report shall be made by the Secretary within 30 days of the date of enactment of this Act. "(2) Whenever the Secretary of Defense determines that it is necessary, in order to carry out the policy expressed in paragraph (1) of this subsection, to procure equipment manufactured outside the United States, he is authorized to determine, for the purposes of section 2 of title III of the Act of March 3, 1933 (47 Stat. 1520; 41 U.S.C. 10a), that the acquisition of such equipment manufactured in the United States is inconsistent with the public interest. "(3) In any case in which the Secretary of Defense initiates procurement action on a new major system which is not standard or interoperable with equipment of other members of the North Atlantic Treaty Organization, he shall report that fact to the Congress in the annual report required under section 302(c) of Public Law 93-365, as amended, including a description of the system to be procured and the reasons for that choice.". SEC. 803. (a) It is the sense of Congress that weapons systems being developed wholly or primarily for employment in the North Atlantic Treaty Organization theater shall conform to a common North Atlantic Treaty Organization requirement in order to proceed toward joint doctrine and planning and to facilitate maximum feasible standardization and interoperability of equipment. A common North

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