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Volume 92 · 107

Public Law 95–240

Making supplemental appropriations for the fiscal year ending September 30, 1978, and for other purposes.

Approved March 7, 1978

Statutory text

An Act

Making supplemental appropriations for the fiscal year ending September 30, 1978, 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

Supplemental Appropriations Act, 1978.

sums are appropriated out of any money in the Treasury not otherwise appropriated to supply supplemental appropriations (this Act may be cited as the “Supplemental Appropriations Act, 1978”) for the fiscal year ending September 30, 1978, and for other purposes, namely:

TITLE I

CHAPTER I DEPARTMENT OF AGRICULTURE

Office of the Secretary For an additional amount for the “Office of the Secretary”, $145,000: Provided, That the limitation of $1,500,000 in transfers for salaries and expenses under this head in the Agriculture and Related Agencies Appropriations Act, 1978, (Public Law 95–97) is increased to $2,164,000.

Agricultural Marketing Service marketing services For an additional amount for the “Agricultural Marketing Service, Marketing Services”, $2,000,000.

Federal Crop Insurance Corporation subscription to capital stock To enable the Secretary of the Treasury to subscribe and pay for capital stock of the Federal Crop Insurance Corporation, as provided in section 504 of the Federal Crop Insurance Act (7 U.S.C. 1504), $30,000,000.

Farmers Home Administration very low-income housing repair grants For an additional amount for “Very Low-Income Housing Repair Grants”, $4,000,000.

Soil Conservation Service watershed and flood prevention operations For an additional amount for emergency measures for runoff retardation and soil-erosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701b–1) in addition to funds provided elsewhere, $30,000,000, to remain available until expended.

Agricultural Stabilization and Conservation Service agricultural conservation program For an additional amount to carry out the Agricultural Conservation Program, $36,600,000, to incur obligations for the period ending September 30, 1978, and to liquidate such obligations for soil and water conserving practices in major drought or flood damage areas as designated by the President or the Secretary of Agriculture: Provided, That not to exceed 5 per centum of the amount herein may be withheld with the approval of the State committee and allotted to the Soil Conservation Service for services of its technicians in the designated drought or flood damaged areas.

CHAPTER II INDEPENDENT AGENCIES

Environmental Protection Agency research and development For an additional amount for “Research and development”, $44,200,000, to remain available until September 30, 1979. abatement and control For an additional amount for “Abatement and control”, $85,000,000, to remain available until September 30, 1979: Provided, That none of these funds shall be used for any grant to cover in excess of 75 per centum of the total cost of the purposes to be carried out by such grant made pursuant to the authority contained in section 208 or the Federal Water Pollution Control Act, as amended. construction grants For necessary expenses to carry out Title II of the Federal Water Pollution Control Act, as amended, other than sections 206, 208, and 209, $4,500,000,000, to remain available until expended: Provided, That the funds shall be allotted in accordance with table 3 of committee print numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives.

General Services Administration consumer information center For an additional amount for travel, from funds previously appropriated for the Consumer Information Center, $5,000.

Veterans Administration grants for construction of state extended care facilities For an additional amount for “Grants for construction of State extended care facilities” to assist the several States in the provision of State extended care facilities, as authorized by Public Law 95–62, $5,000,000, to remain available until September 30, 1980: Provided, That all unobligated balances from prior appropriations made available for carrying out 38 U.S.C. 644 and 5031–5037 shall also be available for purposes authorized by Public Law 95–62. assistance fob health manpower training institutions For an additional amount for “Assistance for health manpower training institutions” for pilot programs for assistance in the establishment of new State medical schools, as authorized by 38 U.S.C. chapter 82, section 5072, $3,847,000, to remain available until September 30, 1984.

CHAPTER III DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service construction and anadromous fish For an additional amount for “Construction and anadromous fish”, $3,600,000, to remain available until expended.

Geological Survey surveys, investigations, and research For an additional amount for “Surveys, investigations, and research”. $2,000,000.

Office of Surface Mining Reclamation and Enforcement enforcement and research For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $30,880,000. abandoned mine reclamation (including transfer of funds) For necessary expenses to carry out the provisions of Title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $36,647,000, to remain available until expended: Provided, That $36,647,000 shall be transferred from unappropriated receipts of the Abandoned Mine Reclamation Fund into the General Fund of the Treasury prior to September 30, 1978. administrative provisions Appropriations for the Office of Surface Mining Reclamation and Enforcement shall be available for the purchase of not to exceed 58 passenger motor vehicles: Provided, That none of the funds provided in this Act for the Office of Surface Mining Reclamation and Enforcement shall be available for the compensation of Executive Level IV or higher positions: Provided further, That section 201(b) of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445) is amended to delete the roman numeral “IV” in the first sentence and substitute the roman numeral “V” in lieu thereof.

Bureau of Indian Affairs operation of indian programs For an additional amount for “Operation of Indian programs”, $8,374,000. construction For an additional amount for “Construction”, $2,166,000, to remain available until expended: Provided, That not to exceed $1,685,000 shall be available to assist the Tulalip Indian Tribes for planning, engineering, and initial ground preparation for construction of a fish hatchery on Puget Sound; and not to exceed $181,000 shall be available to assist the Point-No-Point Treaty Tribes, including the tribes of Lower Elwha, Skokomish and Port Gamble, for expansion of salmon enhancement facilities.

Office of Territorial Affairs administration of territories For an additional amount for “Administration of territories”, $1,798,000, for necessary expenses of the Federal Comptrollers’ Offices for Guam and the Virgin Islands: Provided, That none of the. funds in this appropriation or any appropriation with which it may be merged shall be used to implement or finance loan guarantee programs unless specific provision is made for such programs in future appropriation Acts: Provided further, That funds available for expenses of the Office of the Government Comptroller for the Virgin Islands derived from “Internal Revenue Collections for Virgin Islands” and expenses of the Office of the Government Comptroller for Guam derived from duties and taxes pursuant to Public Law 95–74 and such sums as were unobligated in those accounts as of October 1, 1977 shall be returned to the Governments of the Virgin Islands and Guam.

Office of the Solicitor salaries and expenses For an additional amount for “Salaries and expenses”, $1,100,000.

Office of the Secretary salaries and expenses For an additional amount for “Salaries and expenses”, $250,000. departmental operations For an additional amount for “Departmental operations”, $795,000.

RELATED AGENCIES Department of Agriculture Forest Service forest protection and utilization For an additional amount for “Forest protection and utilization”, for “Forest land management”, $1,836,000. Energy Research and Development Administration operating expenses—fossil fuels For an additional amount for “Operating expenses—fossil fuels”, $1,000,000. Federal Energy Administration salaries and expenses For an additional amount for “Salaries and expenses”, $273,194,000, of which $253,110,000 shall become available only upon enactment of authorizing legislation as follows: (1) for conservation grants for schools and health care facilities, $200,000,000; for conservation grants for local government buildings, $25,000,000; for grants for financial assistance to utility regulatory commissions, $6,630,000; for solar heating and cooling installations in Federal buildings, $20,000,000; to remain available for obligation until September 30, 1979; and (2) for administration of grants for schools and health care facilities, local government buildings, and utility rate reform, $1,480,000: Provided, That of the total amount of this appropriation, not to exceed $6,000,000 shall remain available until expended for a reserve to cover any defaults from loan guarantees issued to develop underground coal mines as authorized by Public Law 94–163: Provided further, That, the indebtedness guaranteed or committed to be guaranteed under said law shall not exceed the aggregate of $62,000,000. strategic petroleum reserve For an additional amount for “Stragetic petroleum reserve”, $383,173,000, to remain available until December 31, 1978.

CHAPTER IV DEPARTMENT OF LABOR

Employment Standards Administration salaries and expenses For an additional amount for “Salaries and expenses”, $3,700,000.

Departmental Management salaries and expenses For an additional amount for “Salaries and expenses”, $1,270,000.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Health Resources Administration medical facilities guarantee and loan fund Of the loan principal allotted under title VI of the Public Health Service Act for fiscal year 1973 which remained unobligated on September 30, 1976, not to exceed $2,000,000 shall be available to honor commitments made by the Secretary prior to October 1, 1976. to make or guarantee loans under such title VI. Office of Education higher education For an additional amount for “Higher education”, $5,000,000 for the support of the construction of two demonstration model inter-cultural centers as authorized by section 721(a)(2) of the Higher Education Act of 1965 as amended: Provided, That in addition the Commissioner is to make available new construction loans not to exceed $7,200,000 from amounts available in the Higher Education Facilities Loan and Insurance Fund for the construction of two demonstration model intercultural centers. student loan insurance fund The Commissioner is authorized to issue to the Secretary of the Treasury notes or other obligations in an amount not to exceed a total of $15,000,000 to remain available without fiscal year limitation. Social Security Administration special assistance to refugees from cambodia, vietnam, and laos in the united states For assistance to refugees from Cambodia, Vietnam, and Laos in the United States, $124,000,000. Departmental Management general departmental management For an additional amount for “General Departmental Management”, $1,719,000 for compensating the State of Washington for losses it incurs in vacating and turning over to the United States the land and all improvements thereon which was formerly the site of the Tacoma Indian Hospital in Tacoma, Washington.

RELATED AGENCIES Community Services Administration community services program For an additional amount for “Community services program”, $200,000,000.

CHAPTER V ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION

operating expenses For an additional amount for “Operating expenses”, to remain available until expended, $101,000,000; of which $80,000,000 shall be for the Clinch River Breeder Reactor Project. Not to exceed $17,000,000 of the funds appropriated for “Operating expenses” in the Public Works for Water and Power Development and Energy Research Appropriation Acts for fiscal years 1976 (Public Law 94–180) and 1977 (Public Law 94–355) are hereby made available to reimburse the General Services Administration for the expenses of renovation, furnishing and repair of facilities necessary to provide temporary and permanent space for personnel relocated as a result of the establishment and activation of the Department of Energy.

DEPARTMENT OF DEFENSE—CIVIL Department of the Army Corps of Engineers—Civil alaska hydroelectric power development fund For the purpose of carrying out the provisions of section 203 of the Water Resources Development Act of 1970 (Public Law 94–587), $5,450,000, to remain available until expended: Provided, That no part of this appropriation or any other amount in this fund shall be available to guarantee any obligations in excess of the amount appropriated herein.

DEPARTMENT OF THE INTERIOR Bureau of Reclamation upper colorado river storage project (transfer of funds) For an additional amount for “Upper Colorado River Storage Project”, for construction of recreational and fish and wildlife facilities authorized by section 8 of the Act of April 11, 1956, as amended, $875,000, to be derived by transfer from “Construction and Rehabilitation”. drought emergency assistance Funds appropriated under this heading in the Supplemental Appropriations Act, 1977, Public Law 95–26, shall remain available until November 30, 1977.

CHAPTER VI DEPARTMENT OF JUSTICE

Legal Activities salaries and expenses, general legal activities (transfer of funds) For an additional amount for “Salaries and expenses, General legal activities”, $1,445,000, to be derived by transfer from “Salaries and expenses”, Law Enforcement Assistance Administration. salaries and expenses, antitrust division (transfer of funds) For an additional amount for “Salaries and expenses. Antitrust Division”, $1,223,000, to be derived by transfer from “Salaries and expenses”, Law Enforcement Assistance Administration.

DEPARTMENT OF COMMERCE Bureau of the Census periodic censuses and programs For an additional amount for “Periodic censuses and programs”, $7,000,000 to remain available until expended.

RELATED AGENCIES Commission on Security and Cooperation in Europe salaries and expenses Not to exceed $1,000 of the funds appropriated under this heading in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1977, shall be available for official reception and representation expenses. Not to exceed $6,000 of the funds appropriated under this heading in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1978, shall be available for official reception and representation expenses. Office of the Special Representative for Trade Negotiations salaries and expenses Not to exceed $15,000 of the funds appropriated under this heading in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1978, shall be available for official reception and representation expenses. Small Business Administration disaster loan fund For additional capital for the “Disaster loan fund”, $1,400,000,000, to remain available without fiscal year limitation.

CHAPTER VII INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION Federal Buildings Fund limitations on availability of revenue In addition to the aggregate amount made available for construction under this heading in the “Independent Agencies Appropriations Act, 1978”, $48,913,000 shall remain available until expended for construction of buildings in addition to the amounts previously specified in other appropriation acts as available until expended (including funds for sites and expenses) and the limitation on the amount available for construction of buildings is increased to $69,392,000 by additions as follows: New construction: California: San Jose, Federal Office Building, $34,130,000; Massachusetts: Springfield. Courthouse. Federal Office Building, and parking facility, $14,783,000: Provided, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum. Allowances and Office Staff for Former Presidents For an additional amount for Allowances and Office Staff for Former Presidents to carry out the provisions of Public Law 95–138, approved October 18, 1977, $54,000.

CHAPTER VIII DEPARTMENT OF DEFENSE

Operation and Maintenance operation and maintenance, defense agencies For an additional amount for “Operation and Maintenance, Defense Agencies”, $3,400,000. The amounts heretofore made available in fiscal year 1978 only for the Defense Logistics Agency and only for the Civilian Health and Medical Program of the Uniformed Services shall be available without regard to those limitations.

Procurement aircraft procurement, navy For an additional amount for “Aircraft Procurement, Navy”, $73,900,000. to remain available for obligation until September 30, 1980. aircraft procurement, air force For an additional amount for “Aircraft Procurement, Air Force”, $33,000,000, to remain available for obligation until September 30, 1980. Appropriations provided under this heading in the Department of Defense Appropriation Act, 1977, are rescinded in the amount of $462,000,000. missile procurement, air force For an additional amount for “Missile Procurement, Air Force”, $64,000,000, to remain available for obligation until September 30, 1980. Appropriations provided under this heading in the Department of Defense Appropriation Act, 1977, are rescinded in the amount of $1,400,000.

Research, Development, Test, and Evaluation research, development, test, and evaluation, air force For an additional amount for “.Research, Development, Test, and Evaluation, Air Force”, $240,500,000, to remain available for obligation until September 30, 1970. research, development, test, and evaluation, defense agencies For an additional amount for “Research, Development, Test, and Evaluation, Defense Agencies”, $9,000,000, to remain available for obligation until September 30, 1979.

Sec. 101. administrative provision

(a)

Section 856(a) of the Department of Defense Appropriation

91 Stat. 909.

Act, 1978 (Public Law 95–111) is amended by adding the following proviso at the end thereof, “: Provided further, That notwithstanding the foregoing, time may be credited as active service in determining a member’s eligibility for retirement under Section 6330 (b) of Title 10 pursuant to the provisions of the first sentence of Section 6330(d) of Title 10 for those members who have formally requested transfer to the Fleet Reserve or the Fleet Marine Corps Reserve on or before October 1, 1977”.

(b)

Section 856(b) of the Department of Defense Appropriation Act, 1978 (Public Law 95–111) is amended by inserting the words “the second sentence of” before the words “Section 6330(d)”.

CHAPTER IX DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration grants to the national railroad passenger corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $18,000,000, to remain available until expended, for operating losses incurred by the Corporation.

CHAPTER X DEPARTMENT OF STATE

Migration and Refugee Assistance For an additional amount, for “Migration and Refugee Assistance”, $6,300,000, to provide assistance for the transportation and reception and placement of Indochinese refugees resettling in the United States.

TITLE II GENERAL PROVISIONS

Sec. 201.

Section 1302 of the Supplemental Appropriation Act,

31 USC 724a.

1957, as amended (31 U.S.C. 724(a)), is amended by inserting the following after “Title 28,” the first time it appears: “the Act of December 28, 1922, chap. 17, 42 Stat. 1066, awards rendered by the

31 USC 216 note.

Indian Claims Commission, and amounts (in excess of the amounts payable from agency appropriations) of claims determined meritorious under section 2733 or 2734 of Title 10, section 715 of Title 32, and

10 USC 2733, 2734.

32 USC 715.

42 USC 2473.

section 203 of the National Aeronautics and Space Act of 1958,”.

Sec. 202.

Any appropriation for the fiscal year 1978 required to be apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of 31 U.S.C. 665.

Sec. 203.

No part of any appropriation contained in this Act shall

Fiscal year limitation.

remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 204.

The provisions of sect ions 491(c) and 491(d) of the Legislative

Congressional pages, salaries.

Reorganization Act of 1970, as amended (2 U.S.C. 88b–1), snail not apply to the pay of pages of the Senate and House of Representatives during the period between the recess or adjournment of the first session of the Ninety-fifth Congress and the convening of the second session of the Ninety-fifth Congress. The pay of Senate and House pages shall continue during such period of recess or adjournment.

Sec. 205.

Effective October 1, 1977, section 106(a)(8) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j(a)(8)), is amended by inserting “Deputy Chief Guide,” after “Chief Guide,”.

Sec. 206.

Effective October 1, 1977, section 111 of the Legislative Branch Appropriation Act, 1978, is amended—

2 USC 61–1 note.

(1)

by striking out “an amount equal to three times the amount referred to in section 105(e)(1) of such Act, as amended and modified” in subsection (a) and inserting in lieu thereof “$149,286”; and

(2)

by striking out “the amount referred to in section 105(e)(1) of the Legislative Branch Appropriation Act, 1968, as amended

2 USC 61–1.

and modified,” each place it appears in subsection (b) and inserting in lieu thereof “$49,762”.

Sec. 207.

Section 114 of the Legislative Branch Appropriation Act, 1978, is amended by striking out “each of which is in the office of a

2 USC 61–1a.

Senator and the pay for which is disbursed by the Secretary of the Senate” and inserting in lieu thereof “the pay for each of which is disbursed by the Secretary of the Senate out of an appropriation under the heading ‘Salaries, Officers and Employees’.”.

Sec. 208.

Effective August 5, 1977, the last sentence of section 506(e) of the Supplemental Appropriations Act, 1973 (2 U.S.C. 58(e)) is amended by inserting after “Office of the” the following: “President pro tempore, Deputy President pro tempore,”.

Sec. 209.

The Secretary of Transportation shall, not later than 60 days after the date of enactment of this Act, designate as a route on the National System of Interstate and Defense Highways, from mileage withdrawn from such System before the date of enactment of this Act under authority of 23 U.S.C. 103(e), and which is available for such a designation, 1.5 miles in the State of Washington for a connection with Interstate Route 5 and the City of Tacoma, Washington.

Sec. 210.

Any export license referred to in Section 11 of Public Law 95–92 which is issued initially on or before September 30, 1978 may from time to time thereafter be renewed, reissued or modified (or in the event of lapse of such license, replacement licenses may be issued ), provided that any such renewal, reissuance or modification (or any such replacement license) does not change significantly any such license as initially issued.

Approved March 7, 1978.

Parsed from the official Statutes at Large USLM XML in 92.xml