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The original documents are located in Box 43, folder "4/21/76 S2444 Fiscal Year Transition
Act" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
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domain. The copyrights to materials written by other individuals or organizations are presumed to
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Exact duplicates within this folder were not digitized.
Digitized from Box 43 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
$4/21/96
APPROVED.1976
ACTION
THE WHITE HOUSE
WASHINGTON
Last Day: April 23
April 20, 1976
Posted
MEMORANDUM FOR
THE PRESIDENT
1/22/76
FROM:
JIM CANNON
SUBJECT:
S.2444 - Fiscal Year Transition Act
Jo archnes
S.2445 - Fiscal Year Adjustment Act
14/22/16
Attached for your consideration are S.2444 and S.2445,
sponsored by Senator Percy and two others, which make
necessary adjustments and technical changes in current
law required as a result of the shift to the new October-
September fiscal year, effective October 1, 1976.
A discussion of the provisions of the enrolled bills is
provided in OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Lazarus), Bill
Seidman and I recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S.2444 at Tab B.
That you sign S.2445 at Tab C.
SALD FORD (IBRARY
OFFICE OF TME OF PRESIDENT SIATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
APR 16 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bills: S. 2444 - Fiscal Year Transition
Act
S. 2445 - Fiscal Year Adjustment
Act
Sponsor - Sen. Percy (R) Illinois and 2 others
Last Day for Action
April 23, 1976 - Friday
Purpose
Makes necessary adjustments and technical changes in current
law required as a result of the shift to the new October-
September fiscal year, effective October 1, 1976.
Agency Recommendations
Office of Management and Budget
Approval
Discussion
S. 2444 and S. 2445, as originally introduced, were submitted
to the Congress by the Director of OMB pursuant to section
502 (b) of the Congressional Budget Act of 1974 which directed
him to propose legislation which he considered necessary for
the orderly transition of the Federal Government from the old
July 1-June 30 fiscal year to the new October 1-September 30
fiscal year.
Subsequent amendments to the original submission were made
during consideration in both Houses of Congress as Executive
branch agencies and committee staffs reviewed their statutes
and uncovered further needed changes.
2
Both OMB and the Congress have carefully attempted to assure
that these bills contain no changes in substantive law, and
provide only those adjustments necessary for an orderly transi-
tion to the new fiscal year.
S. 2444, the Fiscal Year Transition Act, deals only with the
July-September 1976 Transition Quarter, and addresses programs
which have statutory limitations, levels of funding, or other
operational provisions of law tied to the 12-month fiscal year.
For these programs, it would make necessary adjustments to
allow for continued operation during the 3-month Transition
Quarter. It would not continue any program or activity beyond
the date on which it is scheduled to terminate.
The purpose of S. 2445, the Fiscal Year Adjustment Act, is to
make needed permanent technical changes in those provisions
of current law which will become either inconsistent with the
new fiscal year dates or out of phase for reporting require-
ments or other actions mandated for dates specified by statute.
Accordingly, most of the provisions of this enrolled bill are
for date changes, including the dates of submission of statu-
torally required reports, from June to September, or from July
to October.
If any additional adjustments in statute become necessary for
the Transition Quarter or because of the new fiscal cycle,
they can be addressed through separate legislation.
James m. Trey
Assistant Director for
Legislative Reference
Attachments
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
600pm
Date: April 1 6
Time:
FOR ACTION:
Bill Seidmanok
the (for information):
Max Friedersdorf
Jack Marsh
Jim Cavanaugh
Ken Lazarusok
Ed Schmults
FROM THE STAFF SECRETARY
noon
DUE: Date: April 18
Time:
SUBJECT:
S. 244-FY transition Act
S. 245-FY Adjustment Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
cannor 4/20 900 am
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WITH HOUSE
AGRAUN MEMORANDUM
WASHINGTON
LOC NO.:
600pm
April 1 6
Date:
Time:
FOR ACTION:
Bill Seidman
CC flor information):
Max Friedersdorf
Jack Marsh
Jim Cavanaugh
Ken Lazarus
Ed Schmults
FROM THE STREE SECRETARY
noon
DUE: Date: April 19
Time:
SUBJECT:
S. 244-FY transition Act
S. 245-FY Adjustment Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X
For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No objection -- Ken Lazarus
4/19/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required moterial, please
James M. Cannon
telephone the Staff Secretary immediately.
For the President
SECD
600pm
April 1 6
Bill Seidman
Jack Marsh
Max Priedersdorf
Jim Cavanaugh
Ken Lazarus
Ed Schmults
SECTIONS
noon
LE:
Dear:
April 19
AUTHORIZED
S. 244-FY transition Act
S. 245-FY Adjustment Act
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Propure Agenda and Brief
Draft Reply
X
For Your Comments
Deaft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
approved
PLEASE ATTACK THIS COPY TO MATERIAL SUBMITTED.
qualimen conditions 11
A.
blease
Jomes 11. Common
For the Probider:
THE WHITE HOUSE
WASHINGTON
April 19, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF
m6
SUBJECT:
S. 244- FY transition Act/S.245-FY adjustment act
The Office of Legislative Affairs concurs with the agencies
that the
bills be signed.
Attachments
Calendar No. 455
94TH CONGRESS
1st Session
}
{
REPORT
SENATE
No. 94-468
FISCAL YEAR TRANSITION ACT
REPORT
OF THE
COMMITTEE ON GOVERNMENT OPERATIONS
UNITED STATES SENATE
TO ACCOMPANY
S. 2444
TO PROVIDE FOR THE ORDERLY TRANSITION TO THE NEW
OCTOBER 1 TO SEPTEMBER 30 FISCAL YEAR
NOVEMBER 20 (legislative day, NOVEMBER 18), 1975.-Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
57-010
WASHINGTON : 1975
Calendar No. 455
94TH CONGRESS
~
SENATE
REPORT
1st Session
No. 94-468
FISCAL YEAR TRANSITION ACT
NOVEMBER 19 (legislative day, November 18), 1975.-Ordered to be printed
Mr. PERCY, from the Committee on Government Operations,
COMMITTEE ON GOVERNMENT OPERATIONS
ABRAHAM RIBICOFF, Connecticut, Chariman
submitted the following
JOHN L. McCLELLAN, Arkansas
CHARLES H. PERCY, Illinois
HENRY M. JACKSON, Washington
JACOB K. JAVITS, New York
REPORT
EDMUND S. MUSKIE, Maine
WILLIAM V. ROTH, JR., Delaware
LEE METCALF, Montana
BILL BROCK, Tennessee
JAMES B. ALLEN, Alabama
LOWELL P. WEICKER, JR., Connecticut
[To accompany S. 2444]
LAWTON CHILES, Florida
SAM NUNN, Georgia
JOHN GLENN, Ohio
The Committee on Government Operations, to which was referred
RICHARD A. WEGMAN, Chief Counsel and Staff Director
the bill (S. 2444) to provide for the orderly transition to the new
PAUL HOFF, Counsel
October 1 to September 30 fiscal year, having considered the same,
PAUL L. LEVENTHAL, Counsel
reports favorably therein with amendments and recommends that the
ELI E. NOBLEMAN, Counsel
bill as amended do pass.
DAVID R. SCHAEFER, Counsel
The amendments are as follows:
MATTHEW SCHNEIDER, Counsel
JOHN B. CHILDERS, Chief Counsel to the Minority
On p. 19, following line 19, add the following:
BRIAN CONBOY, Special Counsel to the Minority
MARILYN A. HARRIS, Chief Clerk
SEC. 121. For the purposes of section 32 of the Act of Au-
ELIZABETH A. PREAST, Assistant Chief Clerk
gust 24, 1935, 7 U.S.C. 612c, the term "fiscal year" includes the
HAROLD C. ANDERSON, Staff Editor
period of July 1, 1976, through September 30, 1976, and the
(II)
amount to be transferred to the Secretary of Agriculture pur-
suant to the section and for the period is 7.5 per centum of
the gross receipts collected under the customs laws on fishery
products during calendar year 1975.
SEC. 122. For the purposes of section 2 (a) of the Salton-
stall-Kennedy Act 15 U.S.C. 713c-3, the term "fiscal year"
includes the period of July 1, 1976, through September 30,
1976, and the amount to be transferred to the Secretary of
Commerce pursuant to that section and for that period is 7.5
per centum of the gross receipts collected under the customs
laws on fishery products during calendar year 1975.
SEC. 123. For the purposes of section 2005 (a) of Title 39,
United States Code, the period of July 1, 1975, through Sep-
tember 30, 1976 shall be considered a fiscal year and the maxi-
mum net increase in the amount of United States Postal Serv-
ice obligations outstanding imposed by that section for such
period shall be deemed to be $1,875,000,000 for obligations
issued for the purpose of capital improvements and $625,000,-
(1)
S.R. 468
S.R. 468
2
3
000 for obligations issued for the purpose of defraying op-
HEARING
erating expenses of the Postal Service.
To correct a printing error, on p. 2, after line 9, insert the following:
The Committee held a hearing on S. 2444 on November 12, 1975.
in the first quarter of the fiscal year beginning July 1, 1975,
Testimony in support of the measure was presented by Mr. William
and the amount authorized to be transferred from the Trust
M. Nichols, Acting General Counsel, Office of Management and
Budget, accompanied by Mrs. Jane Finn, Assistant General Counsel.
Fund in the fiscal year beginning October 1, 1976, may not ex-
ceed 1.5 per centum of the total of the benefits certified for
Mr. Nichols reviewed the bill briefly, emphasizing that each of the
payment.
provisions of the bill is necessitated by the fiscal year change, and
stating unequivocally that "no unnecessary or controversial changes
On p. 3, delete the "period" at the end of line 17, and insert a
are included."
"comma" in lieu thereof.
Responding to Chairman Ribicoff's inquiry concerning changes in
On p. 4, at line 22, insert "a" after the number "1397".
substantive law, Mr. Nichols stated "We have sought very carefully
On p. 6, at line 8, delete "Feederal" and insert "Federal" in lieu
to avoid suggesting or recommending any changes in substantive law.
thereof.
Some provisions which were submitted to us by the agencies were re-
On p. 8, at line 16, delete "(c)" and insert "(C)" in lieu thereof.
jected by us for inclusion in these bills with instructions to the agencies
On p. 15, at line 1, delete "2510" and insert "2501a" in lieu thereof,
to submit their proposals to their oversight committees."
and, at line 10, delete "8311" and insert "8311" in lieu thereof.
On p. 21, at line 3, insert "631," after "624,".
COMMITTEE ACTION AND CONCLUSION
On p. 27, at line 10, delete "1395a" and insert "1395u" in lieu thereof.
Following the introduction of S. 2444, the Committee requested com-
PURPOSE
ments from the chairmen of all of the Senate standing committees.
Several amendments, which were proposed affecting programs and
Section 501 of the Congressional Budget and Impoundment Act of
activities within their legislative jurisdiction, have been incorporated
1974 (Public Law 93-344) changed the fiscal year of the Government
in amendments submitted by the Office of Management and Budget
from a July 1-June 30 cycle to an October 1-September 30 cycle, to
and approved by the Committee. Additional amendments submitted by
take effect as of October 1, 1976. The effect of this change was to create
the Office of Management and Budget, reflecting further input by
a 3-month transition period from July 1 through September 30, 1976
departments and agencies, have also been approved.
which is part of neither fiscal year 1976 (old cycle) nor fiscal year
In view of the necessity for insuring the continuation of programs
1977 (new cycle).
and activities which are based, by statute, on the fiscal year, and the
The purpose of S. 2444 is to insure the continuation of Federal pro-
uncertainties created by the change in the fiscal year period, the Com-
grams and activities which are based, by statute, on the fiscal year. It
mittee concluded that enactment of this legislation is necessary to
would prescribe the transitional operation of such programs and is
insure the orderly transition to the new fiscal year.
designed to continue operations during the summer of 1976 without
disruption or uncertainty because of this fiscal year change. It is not
COST ESTIMATE
intended to continue any program or activity beyond the date on
which it was scheduled to terminate.
The Committee has been advised by the Office of Management and
Budget that enactment of this legislation will not involve any costs
BACKGROUND
other than those involved in the performance of the staff work required
to carry out the transition.
There are numerous Federal programs and activities which, by stat-
utes, have limitations, technical financial provisions or other opera-
CHANGES IN EXISTING LAW
tional provisions based upon the fiscal year.
In recognition of the fact that various amendments to existing law,
In the opinion of the Committee, it is necessary to dispense with the
as well as other actions, would be necessary to insure continuation of
requirements of subsection 4 of Rule XXIX of the Standing Rules of
existing programs during the transition period, the Congress, in sec-
the Senate, in order to expedite the business of the Senate.
tion 502 (b) of the Congressional Budget Act, directed the Director
of the Office of Management and Budget to provide "by regulation,
order or otherwise for the orderly transition" to the new fiscal year,
and to submit proposed legislation which he considers necessary to
accomplish this purpose. S. 2444 was prepared and submitted by the
Office of Management and Budget in response to this requirement.
S.R. 468
S.R. 468
94TH CONGRESS
}
HOUSE OF REPRESENTATIVES
a
REPORT
2d Session
No. 94-1001
FISCAL YEAR TRANSITION ACT
APRIL 1, 1976.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. BROOKS, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany H.R. 12606]
The Committee on Government Operations, to whom was referred
the bill (H.R. 12606) to provide for the orderly transition to the new
October 1 to September 30 fiscal year, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
1. Page 2, line 6, delete "trust fund", and, in line 12, delete "Trust
Fund", and insert in lieu thereof "trust funds" and "Trust Funds",
respectively.
2. Page 3, line 23, delete "three thirty-seconds or", and in line 24,
insert "or three thirty-seconds" after "$37,500,000".
3. Page 5, line 8, delete "(B)" and insert in lieu thereof "(D)".
4. Page 17, strike lines 23 to 24 and page 18, strike lines 1 to 3 and
insert in lieu thereof the following:
except that such period shall not be included in such fiscal
year in applying the percentages specified in sections 103 (a)
(4) and 103 (f) of that Act.
5. Page 18, delete line 23 and everything that follows through page
20, line 8.
6. Page 20, after line 8, insert the following new section:
SEC. 119. In the case of any applicable program within the
meaning of the General Education Provisions Act, except as
otherwise specifically provided by this Act, for the purpose
of comparison of activities between fiscal years, amounts ap-
plicable to the period July 1, 1975, through September 30,
1976, and the statistical measurements pertaining to those
amounts, shall be reduced by 20 percent where such period is
to be by the terms of this Act made or considered to be a part
of the fiscal year 1976 or the fiscal year ending September 30,
1977. Notwithstanding any other provision of this Act, where
57-006 0
2
3
the period July 1, 1976, through September 30, 1976, is to be by
Control Act of 1974 (Public Law 93-344) changed the fiscal year of
the terms of this Act made or considered to be a separate fiscal
the Federal Government from this July-June cycle to an October-
year, it shall not be considered a fiscal year for the purpose of
September cycle, to take effect as of October 1, 1976.
such comparison of activities between fiscal years and such
This change created a three month transition period, from July 1,
measurements in the case of any such program.
1976 to September 30, 1976, which is not a part of either fiscal year
1976 or fiscal year 1977.
7. Page 21, line 16, delete "toms laws on fishery products during
The purpose of H.R. 12606 is to insure the continuation during this
calendar year 1975.", and insert in lieu thereof "toms laws during
transition period of Federal programs and activities which are based,
calendar year 1975."
by statute, on the fiscal year. It addresses programs which, by statute,
8. Page 23, line 16, delete "(2) section 6(b) of the Act of July 22,
have limitations, levels of funding, or other operational provisions
1963 (7 U.S.C. 390e(b)) and renumber the following paragraphs
based upon the fiscal year. It would prescribe the operations of such
accordingly.
programs during this period. It is designed to continue operations dur-
9. Page 26, delete lines 17 and 18.
ing the period without disruption or uncertainty because of the fiscal
10. Page 27, after line 21, add "(37) section 102 (11) of the
year change. It is not intended to continue any program or activity
Housing and Community Development Act of 1974 (42 U.S.C. 5302
beyond the date on which it is scheduled to terminate nor in any way
(a) (11)).
to substantively alter the operation of any Federal program.
11. Page 31, lines 3, 8, 9, 10, 11 through 20, delete "(2)" each place
it appears.
HISTORY OF THE LEGISLATION
12. Page 32, after line 4, add (14) section 207(b) of the National
Productivity and Quality of Working Life Act of 1975 (15 U.S.C.
Congress recognized that various problems would arise from the
2417(b))."
fiscal year cycle change. It required, in Section 502(b) of the Budget
13. Page 32 after line 8, add "(15) section 6(b) of the Act of July 22,
and Impoundment Control Act of 1974, that the Director of the Office
1963 (7 U.S.C. 390e(b))."
of Management and Budget ("OMB") provide "by regulation, order
14. Page 34, after line 20, insert the following new paragraphs:
or otherwise for the orderly transition" to the new fiscal year and to
(25) sections 3 and 4(b) of the Child Nutrition Act of
submit "proposed legislation as he considers necessary to accomplish
1966 (42 U.S.C. 1772,
this objective."
(26) sections 2, 3, and 4 of the Act of September 30,
The Director of OMB submitted three legislative proposals in re-
1950 (20 U.S.C. 237, 238, 239).
sponse to the Budget Act. One of these, an act to authorize appropria-
tions for the transition period between the old and the new fiscal years,
EXPLANATION OF AMENDMENTS
was reported with amendments, by the House Government Operations
Committee, passed the Congress, and has been signed into law as Public
The chairman of each committee of the House was asked to review
Law 94-144. H.R. 12606 is the second of these proposals and was intro-
a draft of H.R. 12606 and comment on provisions affecting matters
duced by the Chairman of the House Government Operations Commit-
coming within the legislative jurisdiction of his or her committee.
tee on March 17, 1976. H.R. 12605, the Fiscal Year Adjustment Act,
The recommendations received prior to introduction of the bill were
which has also been reported to the House of Representatives by the
incorporated. Some recommendations, mostly technical in nature, were
House Government Operations Committee is the third of the
received subsequent to the time this bill was introduced. The foregoing
proposals.
amendments incorporate those recommendations.
The Senate Government Operations Committee held hearings on
Committee amendments numbered 1, 2, 3, 5 and 11 reflect the
S. 2444, the counterpart to H.R. 12606 and passed S. 2444 on Decem-
recommendations of the Committee on Ways and Means of the House
ber 1, 1975.
of Representatives. Committee amendments numbered 4, 6, 9, and 14
On March 1, 1976, the chairman of the House Committee on Govern-
reflect the recommendations of the Committee on Education and Labor
ment Operations comments from the chairmen of the standing commit-
of the House of Representatives. Amendments numbered 7, 8, and
tees that had legislative jurisdiction over laws amended by H.R. 12606.
13 reflect the recommendations of the Committee on Agriculture of the
The chairmen either considered H.R. 12606's treatment of laws within
House of Representatives. Amendments numbered 10 and 12 reflect
their jurisdiction as appropriate, registered no objection to such treat-
the recommendations of the Committee on Banking and Currency of
ment, or suggested modifications. Nearly every suggested modification
the House of Representatives. These amendments seek to prevent any
was incorporated either into the bill as introduced or as reported.
interruptions or changes in the administration of authorized programs
These comments are a part of the record of the hearings held on H.R.
during the transition period.
12606.1
HEARINGS
PURPOSE
The Legislation and National Security Subcommittee of the Govern-
For more than one hundred and thirty years the business of the
ment Operations Committee held hearings on H.R. 12606 on March 23,
Federal Government has been conducted on a July-June fiscal year
cycle. Section 501 of the Congressional Budget and Impoundment
1 "Fiscal Year Transition Act, H.R. 12606" Hearings before a subcommittee of the Com-
mittee 1976. on Government Operations, House of Representatives, 94th Cong. 2d sess., Mar. 23,
4
5
1976. Witnesses included representatives of the Office of Management
shall include the transition quarter, and adjustments are made to con-
and Budget ("OMB"), the Department of the Treasury ("Treasury")
ditions contained in those sections to accommodate a three-month fis-
cal period, as follows:
and the General Accounting Office ("GAO"). All witnesses urged the
speedy enactment of H.R. 12606. OMB emphasized that H.R. 12606
(1) Section 222 (1), 42 U.S.C. (1), provides that in each
contained no substantive changes in any Federal programs. The Acting
fiscal year, 1.5% of the total old-age and survivors insurance benefit
General Counsel of that agency concluded "We want to assure you that
payments in the preceding fiscal year, pursuant to sections 202(d),
we respected the intent of Congress in providing that adjustments
(e) and (f) and 223 of the Act, may be transferred from the Trust
made in this legislation be for transitional purposes only. We rejected
Funds for the costs of vocational rehabilitation services to benefici-
any suggestions that activities be substantively altered in these
aries. The first paragraph of Section 101 of the bill provides that, for
measures."
the transition quarter, the amount to be transferred shall be 1.5% of
All witnesses assured the committee that their agencies would main-
the benefits paid in the first quarter of fiscal year 1976, and that the
tain accounting details on the transition period, separate from either
calculation for fiscal year 1977 transfers shall be based on the bene-
fiscal year 1976 or 1977. The committee recommends that OMB, Treas-
fits in the period of October 1, 1975, through September 30, 1976.
ury and the GAO staff continue to work toward providing accounting
(2) Section 421, 42 U.S.C. 621, provides that the allotment to each
detail for the fiscal year ending June 30, 1976 that will assure accurate
State for child-welfare services shall be $70,000 in each fiscal year.
comparable detail for the fiscal year 1978 budget display of fiscal year
Paragraph (2) reduces that allotment to $17,500 for the transition
1976 actual data with the fiscal years 1977 and 1978 estimates.
quarter.
(3) Section 506(d), 42 U.S.C. 706(d), requires that, if expendi-
COMMITTEE VOTE
tures from non-Federal sources for maternal and child health services
and services for crippled children are not maintained at the level
At a meeting of the Committee on Government Operations on Thurs-
attained in fiscal year 1968 in any State, Federal payments shall be
day, March 25. 1976, a quorum being present, H.R. 12606, as amended,
reduced accordingly. Paragraph (3) of the bill provides that the non-
was approved by a unimous vote of 43 ayes and ordered reported.
Federal level for the transition quarter shall be based on one-fourth
the amount expended from non-Federal sources in fiscal year 1968.
STATEMENT PURSUANT TO CLAUSE 7(a) OF RULE XIII
(4) Section 516, 42 U.S.C. 716, provides that each fiscal year each
The Committee estimates that the enactment of H.R. 12606 will re-
State shall receive a supplemental allotment for maternal and child
sult in no additional costs.
health and crippled children's services based, in part, upon allotments
in fiscal year 1973. Paragraph (4) provides that supplemental allot-
STATEMENT PURSUANT TO CLAUSE 2(1) (4) OF RULE XI
ments for the transition quarter, insofar as reference to fiscal year
1973 is concerned, shall be based upon one-fourth of the fiscal year
The enactment of this bill into law is not expected to have any infla-
1973 level.
tionary impact on prices or costs in the operation of the national
(5) Section (b), 42 U.S.C. (b), provides that not more than
economy.
$2,000,000 may be available, in any fiscal year, for grants and con-
STATEMENT PURSUANT TO CLAUSE 2(1) OF RULE XI
tracts for training personnel who are employed or preparing for em-
ployment in the administration of public assistance programs.
(A) No oversight findings or recommendations have been made
Paragraph (5) reduces that limitation to $500,000 for the purposes of
with regard to this measure.
funding in the transition quarter.
(B) This measure does not provide for additional budget authority.
(6) Section 901 (e) (2), 42 U.S.C. 1101 (2), directs the Secretary
(C) The Congressional Budget Office (CBO) provided a cost anal-
of the Treasury to advance, to the employment security administration
ysis report pursuant to Section 403 of the Congressional Budget and
account, amounts necessary to carry out the purposes of the section.
Impoundment Control Act of 1974. The CBO concluded that no addi-
However, if that account has a net balance, as of the beginning of
tional costs to the government would be incurred as a result of the
any fiscal year, which equals forty percent of the total appropriation
enactment of this bill.
by the Congress out of the account for the preceding fiscal year, no
advance may be made. Paragraph (6) provides that the forty percent
SECTION-BY-SECTION ANALYSIS
level shall be reduced to ten percent for the purposes of advances dur-
ing the transition quarter.
The first sentence of the Act provides that it may be cited as the
(7) Section (f) (3) (A), 42 U.S.C. 1101(f) (3) (A), provides
"Fiscal Year Transition Act".
that the excess in the employment security administration account
at the close of any fiscal year shall be retained until the excess reaches
TITLE I
forty percent of the appropriation out of the account for the fiscal
Section 101 (a): This section provides that, for the purposes of a
year for which the excess is being determined, and three-eighths of the
number of sections of the Social Security Act, the term "fiscal year"
amount in the account at the beginning of a fiscal year, or $150 mil-
lion, whichever is less, may be made available for certain administra-
tive costs. Since the transition quarter is treated as a fiscal year for
6
7
the purposes of this section, paragraph (7) provides that the forty
Section 102. Section 401 of the Social Security amendments of 1972,
percent limitation shall be increased to 160 percent for determining
42 U.S.C. 1382e note, provides limitations on payments to States for
the excess to be retained for use in fiscal year 1977. Also, the three-
supplemental security income in any fiscal year, and bases such pay-
eighths or $150 million limitation on fiscal year availability for addi-
ments upon the level of payments in effect in 1972. Section 102 pro-
tional administrative costs is reduced to $37,500,000, or three thirty-
vides that the transition quarter will be treated as a fiscal year, to
seconds for the transition quarter to accommodate the three-month
permit payments for that period, but the 1972 level shall be reduced
cycle.
to one-fourth for purposes of determining such payments.
(8) & (9) Sections and (b) (2) (B), 42 U.S.C. 1102
Section 103. Sections 110 and 120 of the Rehabilitation Act of 1973,
and 1105 (b) (2) (B), provide for transfers of excess funds to the ex-
29 U.S.C. 730 and 740, provide for allotments to States for vocational
tended unemployment compensation account on the basis of contribu-
rehabilitation services for each fiscal year. Section 103 provides that
tions under State laws for the calendar year ending during the fiscal
the transition quarter will be considered a fiscal year for the purposes
year for which the transfer is made. Since there will be no calendar
of these sections, but reduces the minimum fiscal year allotment by
year ending during the transition quarter, the basis for the calcula-
seventy-five percent.
tion for that period pursuant to those sections is to be calendar year
Section 104. The second sentence of Section 319 (2) of the Public
1975.
Health Service Act, 42 U.S.C. (2), provides that in fiscal year
(10) Section 1108, 42 U.S.C. 1308, provides a limitation on amounts
1976, 30 per centum of funds available or not more than 90 per centum
which may be paid to Puerto Rico, the Virgin Islands, and Guam in
of grants made under this section for the preceding fiscal year for
each fiscal year. Paragraph (10) reduces that amount to one-fourth
programs specified shall be made available for such programs. Sec-
of the statutory limit for payment during the transition quarter.
tion 104 of the bill provides that the transition quarter shall be con-
(11) Section 1115, 42 U.S.C. 1315, limits, to $4,000,000, payments
sidered part of fiscal year 1976 for this purpose and the 90 per centum
which may be made to States in any fiscal year for experimental, pilot
limitation shall be increased to 112.5 per centum for that period.
or demonstration projects. Paragraph (11) reduced that limitation
Section 105 (a). Section 210(a) of the Older Americans Act of 1955,
to $1,000,000 for the transition quarter.
42 U.S.C. 3020(a), provides for advance funding for programs under
(12) Section 2002(a) (2), 42 U.S.C. (a) (2), provides that
the Act by including appropriations in appropriation acts for the
payments to States for services pursuant to that section shall not
fiscal year prior to the year of availability of the funds. Section 105 (a)
exceed an amount which bears the same ratio to $2,500,000,000, as the
(1) would permit advance funding for the transition quarter in ap-
population of the recipient State bears to the population of the fifty
propriation acts for that quarter and for fiscal year 1976.
States and the District of Columbia. Paragraph (12) provides that
Section (a) of that Act, 42 U.S.C. 3025 (a), provides that a State
one-fourth of the limit provided for a full fiscal year shall apply for
must submit a plan which meets established criteria in order to qualify
the transition quarter. Also, dollar amounts specified for payment to
for grants for a fiscal year from its allotments under Sections 303 and
Puerto Rico, Guam, and the Virgin Islands are reduced by seventy-
306 of the Act, 42 U.S.C. 3023 and 3026, and, that assurances must be
five percent for the transition quarter.
made that not less than 50 percent of the amount by which an allot-
Section 101 (b). Sections 503 and 504 of the Social Security Act,
ment exceeds the allotment for the same purpose in fiscal year 1975
42 U.S.C. 703 and 704, provide for a basic allotment of $70,000 to
shall be used for the purposes in Section 305(b), except for States
each State, for each fiscal year. Section 503 funding is for maternal
which assure the Commission that at least 331/3 percent of Section
and child health services and section 504 funding is for crippled
303 (b) allotments in any fiscal year will be used for the purposes of
children's services. Section (b) provides that, for the transition
Section (b).
quarter, the funding levels for these sections shall be reduced to $17,500.
Section 307 (c) of that Act, 42 U.S.C. 3027 (c), provides that a State's
Section 101(c). Section 1101 (a) (8) (B), of the Social Security
allotment for area planning and social service programs shall be re-
Act, 42 U.S.C. 1301 (a) (8) (B), provides that the Federal percentage
duced by the percentage by which expenditures in any fiscal year from
of funding to States shall be promulgated between July 1 and August
State sources are less than the preceding year. Section 105 (a) provides
31 of each even-numbered year and shall be conclusive for each of
that, for this purpose, the transition quarter shall be considered part
the eight quarters beginning with July 1 of the next year. Section
of fiscal year 1976, and section 105(a)( (2) requires that reductions be
101 (c) of the bill provides that the Federal percentage promulgated in
made if expenditures from State sources do not equal 125% of the
1974 shall be conclusive for nine quarters, to include the transition
preceding year. Therefore, the spending level required for fiscal year
quarter.
1977 would be based on 80 percent of that of the five quarter period
Section 101 (d). Section 2006(c) of the Social Security Act, 42
including the transition quarter.
U.S.C. 1397e requires the Secretary of Health, Education, and
Section (b). Section (b) of the Older Americans Act of 1965,
Welfare to report to the Congress, within six months of the close
42 U.S.C. 3023 (b), provides for allotments to States each fiscal year
of the fiscal year, on the operation of the program under the Social
for planning and social service programs, based, in part, upon the
Services amendments of 1974. Section 101 (d) provides that the report
amount alloted in 1973. Section 105(b) provides that the transition
for fiscal year 1976 shall include operations during the transition
quarter shall be treated as a fiscal year for the purposes of this alloca-
quarter and shall be submitted within six months after the close of
tion, but that the 1973 allocation shall be decreased by 75 percent for
that quarter.
calculation regarding that period.
8
9
Section 306(b) of that Act, 42 U.S.C. 3026(b), provides for allot-
tracts which may be awarded in any fiscal year pursuant to authority
ments to States for planning, coordination, evaluation and administra-
contained in Sections 304 and 305 of that Act, 42 U.S.C. 242b and 242c.
tion of State plans. The minimum to each State is set at $200,000
Grants are limited to twenty, and amounts of grants or contracts to
and at $62,500 for Guam, American Samoa, the Virgin Islands and the
$5,000,000. Section 106(b) of the bill provides that for the period of
Trust Territory of the Pacific Islands. Section provides that
July 1, 1975, through September 30, 1976, the number of grants shall
the transition quarter shall be treated as a fiscal year for this purpose
be limited to twenty-five, and the amount of grants or contracts shall
but the minimum allotments shall be reduced to $50,000 and $15,625
be limited to $6,250,000.
for States and territories, respectively, for the period.
Section 106(c). Section 395 of the Public Health Service Act, 42
Section 106(a). Section 845(b) of the Public Health Service Act,
U.S.C. 280b-7, provides that grants to medical libraries pursuant to
42 U.S.C. (b), provides for scholarships for schools of nursing
that section shall be limited to $200,000 for any fiscal year. Section
and the amounts are determined by multiplying $3,000 by one-tenth
106(c) of the bill provides that grants for the transition quarter shall
of the number of students in the school. This amount is reduced to
be limited to $50,000.
$750 for the transition quarter.
Section 106(d). Section (c) of the Public Health Service Act,
Section 845 (c) (1) (A) of that Act, 42 U.S.C. 297j(c) (1) (A), pro-
P.L. 93-640, 42 U.S.C. 289a(c), provides that, of sums appropriated
vides that scholarships may be awarded in fiscal year 1976, and the
for any fiscal year for the National Institutes of Health, not less than
next two fiscal years, only to individuals accepted for enrollment and
$500,000 shall be obligated for basic and clinical orthopedic research
those enrolled and in good standing as full or half-time students.
within the National Institute of Arthritis, Metabolism, and Digestive
These standards are made applicable to transition quarter scholar-
Disease and further specifies the subjects to be explored. Section
ships, as well, by this section of the bill.
106(d) of the bill provides that, for the transition quarter, the amount
Section 1516(c) (2) of that Act, 42 U.S.C. 3001-5(c) (2), provides
specified shall be reduced to $125,000.
that a grant for a health systems agency in any fiscal year shall not
Section Section 1516(b) of the Public Health Service Act,
be less than $175,000, unless the level of appropriations is less than
42 U.S.C. 300e-5(b), places a limitation on grants for health systems
that required for this amount. Section 106(a) provides that the tran-
agency in each fiscal year. Section 106(e) of the bill provides that
sition quarter shall be treated as a fiscal year for the purpose of these
amounts specified for fiscal year grants shall be reduced by seventy-
grants, but at (2), that the $175,000 specified shall be reduced to
five percent for the transition quarter.
$43,750 for that period.
Section 106(f). Section 1305(b) (1) of the Public Health Service
Section 1525 (b) of that Act, 42 U.S.C. 300m-4(b), provides that
Act, 42 U.S.C. 300e-4(b) (1), provides that the amount disbursed
a grant for State health planning and development for a fiscal year
under a loan or loans made or guaranteed for a health maintenance
shall be based upon assurances that the State will provide non-Federal
organization may not exceed $1,000,000 in any fiscal year. Section
funds for that year in an amount not less than the average amount of
106(f) of the bill provides that, for the purpose of that limitation, the
non-Federal funds SO provided in the three previous fiscal years. Sec-
transition quarter shall be considered part of fiscal year 1975, and the
tion 106 provides that for the purpose of these grants, the transi-
limitation shall be increased to $1,250,000 for that period.
tion quarter shall be treated as a fiscal year, but, in (3), that the non-
Section 107. This section provides (1) that the transition quarter is
Federal level required shall be reduced to 25 percent of the average of
generally to be deemed a fiscal year for purposes of the Developmental
the previous three years. Also, the transition quarter grants would not
Disabilities Services and Facilities Act, 42 U.S.C. 6001, (2) that for
be included when calculating non-Federal fund requirements in future
purposes of section (a) (3) and (4) (relating to availability of
years.
funds and certain deinstitutionalization provisions), the transition
Section 1610(b) (1) of that Act, 42 U.S.C. 300p (b) (1), provides
quarter is to be deemed a part of fiscal year 1976, and (3) that the
that fiscal year allotments to States for medical facilities shall not be
minimum allotments for the Virgin Islands, American Samoa, Guam,
less than $1,000,000, and to Guam, American Samoa, the Virgin Is-
and the Trust Territory of the Pacific Islands for the transition quar-
lands, and the Trust Territory of the Pacific Islands not less than
ter are appropriately adjusted.
$500,000. Section (a) provides that, for the purpose of this section,
Section 108. Sections 302 and 304 of the Comprehensive Alcohol
the transition quarter shall be treated as a fiscal year, but, in (4), that
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act
the minimum allotments shall be $250,000 and $125,000, respectively,
of 1970, 42 U.S.C. 4572 and 4574, provide for funding State alcohol
for that period.
abuse and alcoholism prevention and treatment programs on a fiscal
Section 1640(b)(2) of that Act, 42 U.S.C. 300t(b) (2), provides
year basis.
that development grants for health systems agencies shall not, for any
Section 108(a). Section 302(c) 42 U.S.C. 4572(c), provides that
agency, exceed the product of $1 and the population of the area for
not more than $50,000 of a State's allotment for each fiscal year may be
which the agency is designated. Sec. 106(a) provides that, for the
used for administrative expenses. Section 108(a) of the bill provides
purpose of this section, the transition quarter shall be treated as a
that the transition quarter will be treated as part of fiscal year 1976
fiscal year but, in (5), that the amount of $1 shall be reduced to .25
for the purpose of this section, and the limitation shall be increased to
for that period.
$62,500 for that period.
Section 106(b). Section 308 of the Public Health Service Act,
Section 108(b). Section 302(a) of the Act, 42 U.S.C. 4572(a), pro-
42 U.S.C. 242m(c), limits the number and amounts of grants and con-
vides a minimum allocation to each State of $200,000 each fiscal year.
11
10
Section (b) of the bill provides that the transition quarter shall
amount received for this purpose in fiscal year 1972. Section 111 (b) (1)
be treated as a fiscal year for the purpose of this allocation, but the
of the bill provides that assistance during the period July 1, 1971,
minimum amount specified shall be reduced to $50,000 for that period.
through September 30, 1971, shall be the basis for computation of
Section 108(c). Section 304 of the Act, 42 U.S.C. 4574, provides for
minimum assistance for any State during the transition quarter.
special grants for implementation of the Uniform Alcoholism and In-
Section 7 provides that State revenues appropriated specifically
toxication Treatment Act and, at 304(a), limits such grants in any
for this program shall constitute not less than 4 percent of the match-
fiscal year to $100,000 per State and 10 percent of the State's allotment
ing requirements for the preceding fiscal year beginning in fiscal year
under Section 302, 42 U.S.C. 4572. Section 108(c) of the bill provides
1972. The percentage requirement is escalated to require 8% of the
that the transition quarter shall be considered part of fiscal year 1976
1976 State match in 1977 and 10 percent of the 1977 match in 1978,
for the purpose of this limitation and the percentage of the Section 302
and each year thereafter. Section (b) (2) of the bill provides
allotment to be provided during that period would be increased to 40
that the State appropriation requirement for the transition quarter
per cent. This percentage adjustment is necessary because of the treat-
funds shall be at least 8% of the State match for July 1, 1975, through
September 30, 1975.
ment of the transition quarter as a fiscal year for the purpose of Sec-
tion 302 allocations.
Section 112(α). Section 15(d) of the Peace Corps Act, 22 U.S.C.
2514(a) limits expenditures for entertainment and for unforeseen
Section 109. This section provides that for the purpose of Sections
227 (a) and 237 (d) of the Community Mental Health Centers Act, the
emergencies to $5,000, each in any fiscal year. Section 112 (a) of the
bill provides that these limitations shall be $1,500 for the transition
transition period shall be considered a fiscal year, with adjustments to
quarter.
limitations contained in those provisions, as follows:
(1) Section 227 (a) of the Community Mental Health Centers Act,
Section 112(b). Section (b) (2) of the Peace Corps Act, 22
42 U.S.C. 26890 (a) provides that, in each fiscal year, the minimum al-
U.S.C. 2501a(b) (2), provides that not more than $350,000 may be
used in any fiscal year for the purpose of Section 301a (a) (3) of that
lotment pursuant to that section shall be $100,000, and provides for
Act, 22 U.S.C. 2501a (a) (b) (3), related to the encouragement of inter-
availability of allotments on a fiscal year basis. The amount of $100,000
national voluntary programs.
is reduced to $25,000 for the transition quarter.
Section 112(b) of the bill provides that limitation shall be reduced
(2) Section 237 (d) (1) of the Community Mental Health Centers
to $100,000 for the transition quarter.
Act, 42 U.S.C. 2689t (d) (1), provides that not more than 5 per centum
Section 113. Section 3(d) of the Act of March 2, 1887, as amended,
of a State's fiscal year allotment, or $50,000, whichever is less, shall be
7 U.S.C. 361a (d), provides that any allotment in excess of $90,000 for
used for certain administrative costs. The amount of $50,000 is reduced
State agricultural experiment stations, except for the Regional re-
to $12,500 for the transition quarter.
search fund, State agricultural experiment stations, shall be matched
That subsection also provides that allotments shall be available for
by State funds. Section 113 of the bill provides that allotments for the
the fiscal year of the allotment and the following fiscal year. The bill
transition quarter shall be matched by the States.
provides that the transition quarter will not be considered a fiscal year
Section 114(a). Section 13 of the Tennessee Valley Authority Act
in determining the period of availability of fiscal year 1976 allotments.
of 1933, 16 U.S.C. 8311, provides for the corporation to provide finan-
Section (d) (2) of that Act, 42 U.S.C. (d) (2), provides that
cial assistance to States and local governments, in each fiscal year,
amounts from allotments paid for administration shall be paid on
where the corporation has acquired property previously subject to
condition that the States expend an amount equal to that expended
from State sources for this purpose in fiscal year 1968. The bill pro-
State and local taxation. Payments are based upon fiscal year activi-
vides that State expenditures must be 25% of fiscal year 1968 amounts
ties such as proceeds of power sales within a State or jurisdiction, the
for the transition quarter.
book value of the property, and other factors.
Section 110. Sections 1079 and 1086 of Title 10, United States Code,
Section 114(a) of the bill provides that the corporation shall make
provide for contracts for medical care for the members of the uni-
payments during the transition quarter on such bases and in a manner
formed services, their families and dependents with payment pro-
consistent with the payments for fiscal year 1976 and 1977.
visions based on the fiscal year. Section 110 of the bill provides that
Section 114(b). Section 15c of the Tennessee Valley Authority Act
the transition quarter will be treated as a fiscal year for the purposes
of 1933, 16 U.S.C. 831n-4, provides that the Corporation shall make
of these sections, except for the computation of minimum amounts
a payment each fiscal year of $40,000,000 in the treasury as repayment
which are charged to patients. For that purpose the transition quarter
of the Authority's appropriation investment until a total of $1,000,-
would be treated as part of fiscal year 1976.
000,000 has been repaid. Section 114(b) of the bill provides that a
Section 111. Section 3, 4, 6(a), 7, 8, 10, and 11 of the National
repayment of $5,000,000 shall be made on September 30, 1976, for the
School Lunch Act, as amended, 42 U.S.C. 1752, 1753, 1755 (a), 1756,
transition quarter.
1757, 1759, and 1759a, provide for funding and expenditures for the
Section 115. Section 409 of the Drug Abuse Office and Treatment
school lunch program on a fiscal year basis, Except as noted below,
Act of 1972, 21 U.S.C. 1176, provides for formula grants to States
Section 111 (a) of the bill would provide that the transition quarter
for drug abuse prevention. Section 115 provides that the transition
shall be treated as a fiscal year for these purposes.
quarter shall be considered a fiscal year for the purposes of subsec-
Section 4 provides that the aggregate amount of food assistance
tions (b) and (c) (1) of that section, but subject to adjustments in
payments to States for any fiscal year shall not be less than the
specifications.
12
13
Section 21 U.S.C. 1176(b), limits the use of grants for
tion, and Welfare to which this amendment is addressed. This section
administrative expenses to $50,000 or 10 percent of the year's allot-
provides that data for the transition quarter is to be appropriately
ment, whichever is less. Section 115 of the bill reduces that limitation
adjusted or excluded prior to making such determinations with re-
to $12,500 for the transition quarter.
spect to the quarter or with respect to future fiscal years.
Section 409 (c) (1), 21 U.S.C. 1176(c) (1), provides that no allot-
Section 120. Pursuant to section 8147(b) of Title 5, United States
ment to any State for a fiscal year shall be less than $100,000 multi-
Code, each agency and instrumentality dependent upon an annual
plied by a fraction whose numerator is the appropriation for the
appropriation must pay to the Employees' Compensation Fund in
program for that fiscal year, and whose denominator is the amount au-
the Treasury the amount it has been assessed within 30 days after
thorized to be appropriated. Section 115 of the bill reduces the amount
the time the annual appropriation is made available. Such appropria-
to $25,000 for the transition quarter.
tions are supposed to be available at the start of the fiscal year; how-
Section 116: Section 406(d) of the General Education Provisions
ever, in the past most agencies' funds have become available later
Act, 20 U.S.C. 1221e-1(d) provides that the Assistant Secretary for
than this. For fiscal year 1977, funds will be available no earlier than
Education shall report to Congress by March 1 each year on the
October 1, rather than the traditional July 1, since the fiscal year's
current fiscal year operations of the National Center for Education
starting date has been changed.
Statistics, including estimates and projections for the succeeding fiscal
In order to insure financing for the period July 1, 1976 to Septem-
year. Section 116 of the bill provides that the report required in 1976
ber 30, 1976, Section 120 of the bill would provide that 25 percent of
shall include a description of activities for the center during the
the amount billed in the August 15, 1975, statement is to be paid be-
transition quarter.
tween July 1 and July 15, 1976. The remaining 75 percent would be due
Section 117. This section provides that the transition quarter is to
within 30 days after receipt of the annual appropriation for fiscal
be treated as a separate fiscal year for purposes of the Comprehensive
year 1977.
Employment and Training Act, Public Law 93-203, except that it ex-
Section 121. The Act of August 24, 1935, 7 U.S.C. 612c, appropri-
cludes the amounts received in the transition quarter from the cal-
ated for each fiscal year 30 percent of duties collected under the cus-
culation of the hold harmless and maximum increase provisions of
toms laws in the preceding calendar year for use by the Secretary of
the Title I distribution formula as these provisions are designed to
Agriculture for the encouragement of exportation and domestic con-
apply to a 12-month period only.
sumption of agricultural commodities. Section 121 of the bill provides
Section 118(a). Sections (a) and 202(a) of the Immigration
that the transition quarter shall be considered a fiscal year for the
and Nationality Act of 1952, 8 U.S.C. and 1152(a), specify
purpose of this provision, but the amount to be appropriated is reduced
the number of aliens who may enter the country in any fiscal year.
to 7.5 percentum of the receipts of duties collected during calendar
Section (a) of the bill provides that the transition quarter shall
year 1975.
be treated as part of fiscal year 1976 for the purposes of those sections
Section 122. Section 2(a) of the Act of August 11, 1939, 15 U.S.C.
and the number specified in section (a), 8 U.S.C. 1151 (a), shall
713c-3, provides that the Secretary of Agriculture shall transfer to
be increased from 170,000 to 212,500, and the number specified in sec-
the Secretary of the Interior, each fiscal year, 30 percent of the duties
tion (a), 8 U.S.C. 1152(a). shall be increased from 20,000 to
collected on fishery products during the preceding calendar year.
25,000 for that fifteen-month period.
Section 122 of the bill provides that the transition quarter shall be
Section 118(b). The Act of October 3, 1965, 79 Stat. 911, amended
treated as a fiscal year for the purpose of this section, but that the
the Immigration and Nationality Act and, among other provisions,
amount to be transferred shall be 7.5 percent of such duties.
established that not more than 120,000 special immigrants, except im-
Section 123. Section 2005 (a) of Title 39, United States Code, pro-
mediate relatives of United States citizens as specified elsewhere,
vides that the net increase in the amount of obligations outstanding
would be permitted entry in any fiscal year (section 21(e), 79 Stat.
issued by the Postal Service in any fiscal year shall not exceed $1,500,-
921). Section 118(b) of the bill provides that the transition quarter
000,000 for the purpose of capital improvements, and $500,000,000
shall be treated as part of fiscal year 1976 for the purpose of that
for the purpose of operating expenses. Section 123 of the bill provides
provision and the limitation shall be increased to 150,000 for that
that the transition quarter shall be considered part of fiscal year 1977
fifteen-month period.
for the purpose of this section, but the amounts of $1,500,000,000 and
Section 119. This section is designed to assure that statistical meas-
$500,000,000 shall be increased to $1,875,000,000 and $625,000,000, re-
spectively, for that period.
urements utilized for any administrative purpose, including those
necessary for the allocation of funds, will be carried out as intended
Section 124. The Older Americans Community Service Employment
by authorizing legislation subject to the General Education Provi-
Act, 42 U.S.C. 3056 et seq., provides a new assistance program for the
sions Act, without the distortions that the transitional quarter may
employment of the elderly and, in Section 906(a) (2), 42 U.S.C. 3056d,
otherwise interpose. Maintenance of effort requirements, per pupil
that the minimum allotment to each State, in each fiscal year, shall be
expenditure calculations, student enrollments. and local and State
$100,000, and for each territory, $50,000. Section 124 of the bill pro-
vides that the transition quarter shall be treated as a fiscal year for
fiscal effort are examples of the many factors for which determinations
the purposes of this Act, but that the minimum allotments shall be
are made on a fiscal year basis in the administration of programs
reduced by 75% for that period.
within the Education Division of the Department of Health, Educa-
14
15
Section 125. Section 810(c) (1) of the Public Health Service Act,
(7) Section 3 (a) of the Act of July 15, 1957, 31 U.S.C. 581d, au-
42 U.S.C. 296e(c) (1), provides for grants to schools of nursing in each
thorizes the charge of net unpaid or overpaid balances in individual
fiscal year, and in subsection 810(c) (1) (B) it is required that a recipi-
pay accounts against the appropriations for the fiscal year in which
ent school must spend an amount at least as great as the average of
the balances occurred, and from which the amount was payable, and
non-Federal sources spent in the three preceding fiscal years. Section
the net amount is to be credited to and paid from the corresponding
125 of the bill provides that the transition quarter shall be considered
account in the next succeeding fiscal year.
part of fiscal year 1977 for these grants, but that that period shall not
(8) Section 10(c) of the Act of June 29, 1935, as amended, 7 U.S.C.
be considered in calculating the average expenditures for subsequent
427i (c), provides that the Secretary of Agriculture may increase ad-
fiscal years, and the amount which the school must expend during the
ministrative expenses to not more than 3 percent of the amount ap-
fifteen-month period is increased to 125 per centum of the average of
propriated in any fiscal year for carrying out the purposes of that
non-Federal exepnditures in the preceding three fiscal years.
section.
Section 126. Section 815 of the Public Health Service Act, 42 U.S.C.
(9) Section 208 (d) of the District of Columbia Public Post Second-
296j (b) (2), provides for grants for nursing schools in serious financial
ary Education Reorganization Act, Public Law 93-471, provides that
straits, and in Section 815(b) (2) recipient schools are required to give
four percent of sums appropriated for each fiscal year for cooperative
assurances that funds will be expended from non-Federal sources in an
agricultural extension work in the District of Columbia shall be al-
amount at least as great as the average amount expended from such
loted to the Federal Extension Service of the Department of Agri-
sources in the three preceding fiscal years. Section 126 of the bill pro-
culture for administrative, technical and other services provided by
vides that the transition quarter shall be treated as part of fiscal year
the Service.
1976 for the purpose of this subsection, but that that period shall not
(10) Section 2209 of Title 10, United States Code, provides for
be considered in calculating average expenditures for the subsequent
the operation of the Army Management Fund, the Navy Management
years, and that the non-Federal expenditures for the fifteen-month
Fund, and the Air Force Management Fund for the conduct of opera-
period shall be increased to 125 per centum of the average of the pre-
tions which are financed by more than one appropriation. It is required
ceding three years.
that final adjustment be made with the appropriate funds for the
TITLE II
fiscal year in which the advancements or reimbursements to the funds
are made, and that amounts advanced are available only during the
Section 201. This section provides that, for the programs, activities
fiscal year in which they are advanced.
or provisions of law specified, the transition quarter shall be treated as
Section 2210 of Title 10, United States Code, provides that obliga-
a fiscal year.
tions may be incurred against anticipated reimbursements as deter-
(1) Section 3(b) (2) of the Act of March 2, 1887, as amended, 7
mined by the Secretary of Defense, with the approval of the Director
U.S.C. (b) (2), provides that amounts paid to the Virgin Islands
of the Office of Management and Budget, to be necessary to maintain
and Guam during any fiscal year for agricultural experiment stations
stock levels consistently with planned operations for the next fiscal
pursuant to that section shall not exceed the amount available and
year.
budgeted by the Virgin Islands and Guam for such purposes.
Section 3201 of Title 10, United States Code, authorizes the daily
(2) Section 204(b) of the Agricultural Marketing Act of 1946,
average strength of the Army in members on active duty during the
7 U.S.C. 1623 (b), provides that no allotments or payments to any
fiscal year at 837,000, exclusive of specified members.
State agency for research and service work in connection with the prep-
Section 3202 of Title 10, United States Code, specifies the number
aration for market and other treatment of agricultural products pur-
of commissioned Army officers authorized for grade levels in any fiscal
suant to that section shall be in excess of amounts which such State
year.
agency makes available out of its own funds for such research.
Section 5401 of Title 10, United States Code, provides that the au-
(3) Section 16(b) of the Food Stamp Act of 1964, 7 U.S.C. 2025 (b),
thorized strength of the Regular Navy may be temporarily exceeded
provides that, in any fiscal year, the Secretary of Agriculture shall
at any time in a fiscal year if the daily average number in that year
limit the value of those food coupons issued which is in excess of the
does not exceed it.
value of coupons for which households are charged to an amount which
Section 5402 of Title 10, United States Code, provides that the au-
is not in excess of appropriations for that purpose.
thorized strength of the Regular Marine Corps may be temporarily
(4) The Act of June 30, 1932, 16 U.S.C. 557a, authorizes the Secre-
exceeded in any fiscal year if the daily average number in that year
tary of Agriculture to enter into contracts for administration of
does not exceed it.
national forests in advance of appropriation. provided that the con-
Section 7581 of Title 10, United States Code, provides that, at the
tracts aliquot the cost by fiscal year and make the obligation of the
end of the fiscal year. money received for laundry work performed
United States contingent upon appropriations for such purpose.
by Marine Corps post laundries, which is not necessary to pay the cost
(5) Section 1 of the Act of June 29, 1966, 31 U.S.C. 628a, provides
of maintenance and operations, shall be deposited in the Treasury to
for accounting adjustments between appropriations on a fiscal year
basis.
the credit of the appropriation from which the cost of operations is
paid.
(6) Section 2 of the Act of December 23, 1944, as amended, 31
Section 8201 of Title 10, United States Code, authorizes the daily
U.S.C. 492b. authorizes, on a fiscal year basis, heads of agencies hav-
average strength of the Air Force in members on active duty during
ing jurisdiction over disbursing officers to apply gains to offset de-
the fiscal year at 502,000, exclusive of specified members.
ficiencies in the amounts of disbursing officers.
16
17
Section 8202 of Title 10, United States Code, authorizes by grades
at the close of each fiscal year, amounts certified as costs incurred in
the strength of the Air Force in officers on active duty on the last day
making deductions for premiums on medical insurance.
of each fiscal year.
(13) Part C of Title IV of the Higher Education Act of 1965, 42
(11) Section (b) of the Social Security Amendments of 1972,
U.S.C. 2751-56a, provides for allotments to States, on a fiscal year
Public Law 92-603, 42 U.S.C. 401 note, provides that funds appropri-
basis, for work-study programs.
ated in any fiscal year pursuant to Section 1601, 42 U.S.C. 1381, shall
(14) Section 7652 (b) of the Internal Revenue Code of 1954, 26
be utilized to repay the Federal Old-Age and Survivors Insurance
U.S.C. 7652(b), provides that a determination shall be made annually
Trust Fund, the Federal Disability Insurance Trust Fund, the Fed-
as to the amount of all taxes imposed and collected during the fiscal
eral Hospital Insurance Trust Fund, and the Federal Medical In-
year under the internal revenue laws of the United States on articles
surance Trust Fund for expenditures made to pay the administrative
produced in the Virgin Islands and transported to the United States,
costs of Title XVI of the Social Security Act, providing supplemen-
and for the transfer and utilization of these funds.
tal security income for the aged, blind and disabled.
(15) The second sentence of section (b) (2) of the Act of May 8,
(12) Sections (a), (b) and (g) (1) of the Social Security Act,
1914, as amended, 7 U.S.C. 343 (b) (2), requires that amounts paid to
42 U.S.C. (a), (b) and (g) (1), provide for the operations of the
the Virgin Islands and Guam from agricultural extension work shall
Federal Old-Age and Suvivors Insurance Trust Fund and Federal
not exceed, during any fiscal year, the amount available and budgeted
Disability Insurance Trust Fund during each fiscal year.
for expenditure for that purpose.
Section of the Social Security Act, 42 U.S.C. pro-
(16) Section 15(b) of the Peace Corps Act, 22 U.S.C. 2514(b), pro-
vides for payments for the administration of State unemployment
vides that funds made available to the Peace Corps may be used for
compensation laws during the fiscal year for which payment is made.
expenses related to travel abroad by employees and volunteers when
Section 403 (g) of the Social Security Act, 42 U.S.C. (g), pro-
the travel orders are issued in a fiscal year and the transportation be-
vides that payments to States for aid to needy families with children
gins but is not completed in that fiscal year.
for quarters in a fiscal year shall be reduced by one percent if the
(17) Section 206(d) of the Public Health Service Act, 42 U.S.C.
recipient State fails to take certain action regarding child health
(d), provides for the determination each fiscal year of the number
screening services.
Section 424 of the Social Security Act, 42 U.S.C. 624, provides for
Service. of officers authorized to be in each of the grades of the Public Health
reallotments of funds provided for States for child-welfare services
Section 209 (c) of the Public Health Service Act, 42 U.S.C. 210b(c),
for any fiscal year.
provides that, within the limits set pursuant to section 206, above, the
Section 431 of the Social Security Act, 42 U.S.C. 631, provides for
Surgeon General shall determine for each category in the Regular
the transfer, to the Secretary of Labor, of funds appropriated for
Corps the maximum number of officers authorized for each grade.
work incentive programs pursuant to that section. Appropriation
Section 311 (c), of the Public Health Service Act, 42 U.S.C. 243 (c),
authorization in that section is for each fiscal year.
authorizes agreements providing for cooperative planning between
Section 502 of the Social Security Act, 42 U.S.C. 702, provides how
Public Health Service medical facilities and community health facil-
appropriations for maternal and child health services shall be allo-
ities to cope with health problems resulting from disasters, and for
cated in each fiscal year.
assistance to States or localities. Reimbursement for such assistance
Sections (b), (c) and (f) of the Social Security Act, 42 U.S.C.
is credited to the appropriation of the Public Health Service for the
1101 (b), (c) and (f), provide for funding the employment security
year in which it is received.
administration account, expenditures from that account, and deter-
Section 313 (b) of the Public Health Service Act, 42 U.S.C. (b),
minations of excess in that account in each fiscal year.
provides that grants for graduate public health training projects for
Section 903 (a) (1) and (b) (1) of the Social Security Act, 42 U.S.C.
any fiscal year may include amounts for carrying out such projects
1103 (a) (1) and (b) (1), provide for transfer to the accounts of States
during succeeding years.
in the Unemployment Trust Fund at the close of each fiscal year.
Section 314(d) (4) of the Public Health Service Act, 42 U.S.C.
Section 1203 of the Social Security Act, 42 U.S.C. 1323, provides for
(d) (4), provides that each State shall be paid the Federal share
transfer, at the close of any fiscal year, of any excess in the Federal
of expenditures incurred during each fiscal year from the State's al-
Unemployment Account to the general fund of the Treasury to reduce
lotment pursuant to that section.
the balance of advances.
Section 314(d) (5) of the Public Health Service Act, 42 U.S.C.
Section 1817 (a) of the Social Security Act, 42 U.S.C. 1395i(a),
246(d) (5), provides that amounts of grants in any fiscal year to pub-
provides for the operation of the Federal Hospital Insurance Trust
lic and mental health authorities of any State may not exceed a
Fund on a fiscal year basis.
State's allotment for that year.
Sections 1841 (h) and (i) of the Social Security Act, 42 U.S.C.
Sections 317 (b), (d) (4) and (f) of the Public Health Service Act,
1395t (h) and (i), provide that the Managing Trustee of the Federal
42 U.S.C. 247b(b), (d) (4) and (f), relate to Federal grants for com-
Supplementary Medical Insurance Trust Fund shall pay the Civil
municable and other disease control programs and provide for grant
Service Commission, and the Railroad Retirement Board, during or
applications, percentages of appropriation funds available for grants,
and limitations on the use of funds, on a fiscal year basis.
18
19
Sections (f) and (g) of the Public Health Service Act, 42 U.S.C.
(a), provides for development grants for health systems agencies in
247c(f) and (g), relate to grants for the diagnosis and treatment of
each fiscal year.
venereal disease. Section 318(f) provides that funding in any fiscal
(18) Section 303 (c) of the Older Americans Act of 1965, 42 U.S.C.
year for venereal disease programs may be made only under Section
3023 (c), provides that State allotments for State and community pro-
317 grants (see above), or this section if all appropriations author-
grams on aging for a fiscal year and not used by a State may be made
ized for that fiscal year have not been appropriated and obligated
available to other States and the funds SO reallocated shall be regarded
in that fiscal year. Section provides that 50% of funds ap-
as part of the recipient State's allotment for that year.
propriated under section 318 may be used for section 317 grants.
Section 303 (e) of the Older Americans Act of 1965, 42 U.S.C. 3023
Section 324(b) of the Public Health Service Act, 42 U.S.C. 251 (b),
(e), provides for utilization by the States of allotments pursuant to
provides that payment for medical treatment of Federal employees
section 303 (b) of the Act, 42 U.S.C. 3023(b), on a fiscal year basis.
pursuant to that section shall be credited to the appropriation to the
Section 306(c) of the Older Americans Act of 1965, 42 U.S.C. 3026
Public Health Service for the year in which payment is received.
(c), provides for the reallotment, for any fiscal year, of funds which
Section (b) of the Public Health Service Act, 42 U.S.C. (b),
are not required by any State for such year. The amounts reallot-
provides for the Public Health Service to enter into agreements or
ted is considered part of the allotment for the recipient State for that
arrangements with schools of medicine, hospitals or other institutions
year.
for cooperative use of facilities and services for the improvement of
Section (a) of the Older Americans Act of 1965, 42 U.S.C.
the quality of medical services. Any proceeds are credited to the ap-
3027 (a), authorizes the use of a State's fiscal year allotment for the de-
propriation to the Public Health Service for the year in which pay-
velopment of a plan and for activities approved under a prior plan.
ment is received.
Section 501 (b) of the Older Americans Act of 1965, 42 U.S.C.
Section 331 of the Public Health Service Act, 42 U.S.C. 255, au-
3041 (b), limits the total payments pursuant to grants and contract
thorizes the Surgeon General to make payments to the Board of
for senior centers which can be made to any State for any fiscal year.
Health of Hawaii for the care of lepers when SO provided in appro-
Section 703 of the Older Americans Act of 1965, 42 U.S.C. 3045b,
priations available for any fiscal year.
provides a formula for allotments and reallotments to States, from
Section 820 (d) of the Act, 42 U.S.C. provides that not
sums appropriated in any fiscal year, for nutritional programs for the
less than 10 per centum of funds for any fiscal year shall be used for
elderly.
payments of specified grants and contracts.
Section (a) (2) (B) of the Older Americans Act of 1965, 42
Section 838(a) of the Act, 42 U.S.C. 297d(a), provides for fiscal
U.S.C. 3045d (a) (2) (B), provides that funds allotted to a State for
year allotments to schools of nursing.
a fiscal year pursuant to Section 306, 42 U.S.C. 3026, may be used for
Section (b) (2) of the Act, 42 U.S.C. 297d(b) (2), provides for
the Administration of a State plan submitted pursuant to Section 705,
funding adjustments, on a fiscal year basis, in regard to allotments
as prescribed therein.
for nursing schools.
Section 706 of the Older Americans Act of 1965, 42 U.S.C. 3045e,
Sections 841 and 846 of the Act, 42 U.S.C. 297h and 297k, provide
provides for the disbursement of funds allotted to a State in a fiscal
that up to 20 per centum of an amount paid to a school in a fiscal year
year pursuant to Section 703, 42 U.S.C. 3045b.
may be transferred for designated purposes.
(19) See section 207 of this bill analysis for a discussion of continu-
Section 1206 (e) of the Public Health Service Act, 42 U.S.C. 300d-
ation grants under the Community Mental Health Centers Act.
5(e), provides that no funds appropriated under the Act, except
(20) Section (a) of the Headstart-Follow Through Act, 42
those appropriated pursuant to Section 1207 or Title VII, may be
U.S.C. 2928b provides that, of sums appropriated for Headstart
used for a new grant or contract in any fiscal year for a purpose for
programs pursuant to Section 512, 42 U.S.C. 2928a, for any fiscal year,
which a grant or contract is authorized by Title XII of the Act
certain percentages may be utilized for specified purposes. That sec-
unless all the funds authorized by Section 1207 have been appro-
tion also provides that no State shall receive less than that amount pro-
priated and made available for obligation in such fiscal year and the
vided in fiscal year 1975. The bill states that this requirement shall not
grant or contract meets the requirement for those under Title XII.
apply to transition quarter appropriations.
Section 1516(a) of the Public Health Service Act, 42 U.S.C. 3001-
(21) Section 4(b) of the Act of July 22, 1963, 7 U.S.C. 390c(b),
5(a), provides for planning grants to health systems agencies on a
provides a distribution formula, based upon percentages of total ap-
fiscal year basis. Section 106(e) of the bill adjusts the formula for
propriations, for funds for State agricultural experiment stations.
these grants for the three-month period.
(22) Section (c) of the Act of May 8, 1914, 7 U.S.C. 343 pro-
Section 1610(a) of the Public Health Service Act, 42 U.S.C. 300
vides a formula for the distribution of funds made available in each
p(a), provides for allotments to States on a fiscal year basis.
fiscal year for agricultural extension work.
Section 1611(c) of the Public Health Service Act, 42 U.S.C. 300p-
(23) The last sentence of Section 520(a) of the Omnibus Crime
1(c), provides that approved amendments to a State plan reflecting
Control and Safe Streets Act of 1968, as amended. 42 U.S.C. 3768(a),
increased costs for projects may be funded from the applicable allot-
provides that the amount allocated each fiscal year for administration
ment of the State for the fiscal year in which the revision is approved.
shall be no less than 20 percent of the amount allocated for Grants for
Section 1640(a of the Public Health Service Act, 42 U.S.C. 3001
Law Enforcement Purposes (42 U.S.C. 3731 et seq.).
20
21
(24) Section 401 of the Act of June 15, 1935, as amended, 16 U.S.C.
annual report to Congress estimates of the public revenue and the
751s, provides that revenues received each fiscal year by the Secretary
public expenditures for the current and the next fiscal year, together
of the Interior in connection with the National Wildlife Refuge Sys-
with a statement of the receipts and expenditures for the preceding
tems shall be placed in a fund and be utilized and distributed as pro-
fiscal year.
vided in that Act on a fiscal year basis.
(35) Section 401 of the Act of December 31, 1970, 31 U.S.C. 1033,
(25) Section 203 (d) of the Act of June 26, 1934, as amended, 12
provides that there shall be transferred into the Treasury, at the close
U.S.C. 1783 provides that interest on loans to the National Credit
of each fiscal year, earnings in excess of the needs of the working
Union Share Insurance Fund on the basis of the average daily amount
capital fund for the Department of the Treasury.
of outstanding loans be determined at the close of each fiscal year.
(36) Section 103 (c) of the Social Security Amendments of 1965,
(26) Section 4 of the Act of July 18, 1958, as amended, 15 U.S.C.
42 U.S.C. 426a (c), provides for the restoration of the Federal Hos-
633, provides, in addition to establishing the Small Business Admin-
pital Insurance Trust Fund, at the end of each fiscal year, to the posi-
istration, that the Administrator shall pay into miscellaneous receipts
tion in which it would have been had payments not been made pur-
of the Treasury, at the close of each fiscal year, interest on the out-
suant to other provisions of that section.
standing cash disbursements from the disaster loan fund and the
(37) Section 102 (a) (1) of the Housing and Community Develop-
business loan and investing fund.
ment Act of 1974, 42 U.S.C. 5302 (a) (11) contains a definition of fiscal
(27) Section 316 of the Act of August 10, 1965. 15 U.S.C. 694, pro-
vides for payment by the Administrator of the Small Business Admin-
year for purposes of that Act.
Section 202. This section of the bill provides that the transition
istration, into miscellaneous receipts of the Treasury, at the close of
quarter shall be treated as a fiscal year for the purposes of the follow-
each fiscal year, interest on the net outstanding disbursements of the
ing provisions of law, but only insofar as they relate to matching
initial capital from the lease guarantee and surety bond guarantee
requirements.
fund.
(28) Section 2(e) of the Act of August 3, 1950, 31 U.S.C. 181a (e),
(1) Section 2 of the Act of March 1, 1911, 16 U.S.C. 563, authorizes
the Secretary of Agriculture to cooperate with a State, or a group of
provides that any surplus accruing to the Bureau of Engraving and
States, for the organization and maintenance of a system of fire pro-
Printing Fund, in any fiscal year, shall be paid into the general fund
tection on forest lands and situated on the watershed of a navigable
of the Treasury as miscellaneous receipts, after restoration of the fund
river. No amount may be expended in any State in a fiscal year in
of any impairment because of variations between prices charged and
excess of the amount appropriated by the State for that purpose in
the amount determined to be the actual cost of work or services.
the fiscal year.
(29) Section 7 of the Act of February 22, 1921, 32 U.S.C. 491, pro-
(2) Section 2 of the Act of June 7, 1924, as amended, 16 U.S.C. 565,
vides for the crediting of fines, fees and other miscellaneous items of
authorizes the Secretary of Agriculture to cooperate with States in
revenue for each fiscal year to the United States and the District of
the protection of timbered and forest-producing lands from fire. Ex-
Columbia in the same proportions as appropriations for the expenses
cept for preliminary investigations, Federal expenditures in any fiscal
of the District for that fiscal year are paid from the Treasury of the
United States and the revenues of the District of Columbia.
year for this purpose are limited to the amount expended by the State
(30) Section 4 of the Act of June 26, 1934, 31 U.S.C. 725c, provides
for the same purpose for the fiscal year.
Section 4 of that Act, 16 U.S.C. 567, authorizes the Secretary of
that if the receipts, for any fiscal year. which are authorized to be
Agriculture to cooperate with the States in the procurement, produc-
appropriated for designated purposes exceed such appropriations, the
tion, and distribution of forest-tree seeds and plants for timber pro-
excess is authorized to be appropriated for the following fiscal year.
(31) Section 102 of the Act of December 6, 1945, 31 U.S.C. 847,
duction. Federal expenditures in cooperation with any State in any
fiscal year are limited to the amount expended by the State for the
requires each wholly owned Government corporation to prepare a
same purpose for the fiscal year.
business-type budget annually and to include data on a fiscal year
Section 5 of that Act, 16 U.S.C. 568, authorizes the Secretary of
basis.
Agriculture to cooperate with land grant colleges and universities of
Section 103 of that Act, 31 U.S.C. 848, provides that the budget
the States, or other suitable State agencies, to aid farmers in estab-
programs of each wholly owned Government corporation shall cover
lishing, renewing, protecting and managing wood lots, shelter belts,
operations for each fiscal year.
windbreaks, and other valuable forest growth, and in the harvesting,
(32) Section 257 of the Revised Statutes, 31 U.S.C. 1027, provides
utilizing, and marketing the products. Federal expenditures in a fiscal
that the Secretary of the Treasury shall include in his annual report
year are limited except for preliminary investigation costs, to the
to Congress estimates of the public revenue and public expenditures
amount expended by the State or other cooperating agency for the
for the current fiscal year.
same purpose for the fiscal year.
(33) Section 15 of the Act of July 31, 1894, 31 U.S.C. 1029, provides
(3) Section 4 of the Act of October 10, 1962, 16 U.S.C. 582a-3, pro-
that the Secretary of the Treasury shall provide to Congress, on the
vides that Federal expenditures to State-certified institutions for
first day of each regular session, a combined statement of the receipts
forestry research programs shall not exceed, during any fiscal year,
and expenditures during the last fiscal year.
the amount budgeted for expenditure by the college or university for
(34) Section 1 of the Act of February 26, 1907, 31 U.S.C. 1030,
the fiscal year for forestry research from non-Federal sources.
provides that the Secretary of the Treasury shall include in his
22
23
(4) Section 2 of the Cooperative Forest Management Act, as
amended, 16 U.S.C. 568d, authorizes funding for cooperative efforts
vides that State health authorities shall report on the comprehensive
with States and territories to provide technical services to private
public health services provided in the State on a fiscal year basis.
forest landowners and operators with regard to forestry management.
Section 314 (6) of the Public Health Service Act, 42 U.S.C.
The amount paid by the Federal Government to any State, Territory,
246(d) (6), provides that the Federal share of expenditures under an
or possession for this purpose in any fiscal year shall not exceed the
approved State plan for comprehensive public health services shall be
amount expended by the State, Territory or possession for the same
determined between July 1 and September 1 of each year for the fiscal
purpose during the fiscal year.
year beginning on the following July 1.
(5) Section 402 of the Rural Development Act of 1972, 7 U.S.C.
Section 398 of the Public Health Service Act, 42 U.S.C. 280b-10,
2652, provides that cooperative agreements with State officials for
provides that funds appropriated for assistance to medical libraries
training in the prevention, control and suppression of fires threatening
for any fiscal year shall remain available for the succeeding fiscal
life, livestock, wildlife, crops, and other values in rural property shall
year.
not provide for Federal assistance in any fiscal year in excess of 50
Section 419B of the Public Health Service Act, 42 U.S.C. 287i, in
percent of the total budgeted for the undertaking of the agreement for
the last sentence, provides that not less than 15 percent of sums ap-
the fiscal year by the non-Federal party to the agreement.
propriated for any fiscal year, pursuant to that section, shall be re-
Section 203. The paragraph captioned "Commodity Credit Corpo-
served for programs respecting diseases of the lungs, and not less
ration", "Reimbursement for Net Realized Losses" of Title III of the
than 15 percent for programs respecting diseases of the blood.
Department of Agriculture and Related Agencies Appropriation Act,
Section (f) of the Public Health Service Act, 42 U.S.C. 289c-1
1966, 15 U.S.C. 713a-11a, provides that "the portion of borrowings
(f), provides that the Director of the National Institute of Arthritis,
from Treasury equal to the unrealized losses recorded on the books of
Metabolism, and Digestive Diseases shall report to the President and
the Commodity Credit Corporation after June 30 of the fiscal year
the Congress, within sixty days of the close of each fiscal year, on ac-
in which such losses are realized, shall not bear interest and interest
tivities during the preceding fiscal year.
shall not be accrued or paid thereon." Section 203 of the bill provides
Section 436 of the Public Health Service Act, 42 U.S.C. 289c-3,
that, for the purposes of this provision, the transition quarter shall be
provides for the establishment of the Diabetes Mellitus Coordinating
considered a fiscal year, and the words "June 30 of the fiscal year"
Committee and requires a report after the end of each fiscal year de-
shall be construed to be September 30, 1976, for that period.
scribing the work of the committee.
Section 204. This section of the bill provides that the transition
Section 437 of the Public Health Service Act, 42 U.S.C. 289c-4,
quarter shall be treated as a part of fiscal year 1976 for the purpose
provides for the establishment of the Arthritis Coordinating Com-
of the following provisions of law.
mittee and requires a report within sixty days of the end of each fiscal
(1) Section 207(b) of the Public Health Service Act, 42 U.S.C.
year on the work of the committee.
(b), provides that not more than 10 percent of the original ap-
Section 439(f) of the Public Health Service Act, 42 U.S.C. 289c-6
pointments to the Regular Corps of the Public Health Service, author-
(e), require a report on the operations of comprehensive arthritis
ized to be made during any fiscal year, may be to grades above that
centers within four months after the close of each fiscal year.
of senior assistant, but none may be made to a grade above that of
Section 439(h) of the Public Health Service Act, 42 U.S.C. 289c-6
director. For such purpose, the number of original appointments au-
(g) in the last sentence, provides that not less than 20 percent of
thorized during a fiscal year is based upon the appropriation acts for
funds appropriated under this section shall be used for the purpose
the year and retirements during the year.
of establishing new arthritis centers.
Section 301 (c) of the Public Health Service Act, 42 U.S.C.
Section 513 of the Public Health Service Act, 42 U.S.C. 229b, pro-
authorizes the Surgeon General to make grants-in-aid for research,
vides that not more than 1 percent of appropriations under specified
and that not to exceed 15 percent of the amounts for grants for re-
laws shall be available for evaluation of the programs funded.
search projects in any fiscal year through appropriations for the
Section 805(f)(2) of the Act, 42 U.S.C. 296d(f) (2), provides a
National Institutes of Health may be transferred to a separate account
fiscal year limitation on loan guarantees made pursuant to that section.
for research grants-in-aid for that fiscal year.
Section 1006 (a) of that Act, 42 U.S.C. 300a-4(a), provides that no
Section 308 (a) of the Public Health Service Act, 42 U.S.C. (a)
grant under that section for a fiscal year beginning after June 30, 1975
requires a report to the Congress, by September 1 of each year, on a
may be for less than 90 per centum of its costs unless the grant is for
number of health service, research and statistical programs. Section
a program for which a grant was made in fiscal year 1975 for less than
308 (1) of that Act, 42 U.S.C. 242m (i) (1), in the second sentence,
90 per centum, in such event the percentage must not be less than that
provides that not less than 25 percent of funds appropriated pursuant
of the 1975 grant.
to that section for health service research, evaluation and demonstra-
Section 1009 of that Act, 42 U.S.C. 300a-6a, requires a report,
tion activities shall be made available only for such activities directly
within seven months of the end of each fiscal year, setting forth the
undertaken by the Secretary under Sections 304 or 305 of the Act
plan for the next five years relating to family planning services.
(42 U.S.C. 242b, 242c).
Section 1207(a) (2) of the Public Health Service Act, 42 U.S.C.
Section 314(d) (2) (C) of the Act, 42 U.S.C. 246(d) (2) (C), pro-
300d-6(a) (2), provides a formula for the use of fiscal year appro-
priations for emergency medical services systems.
24
25
Section 1303(i) of the Public Health Service Act, 42 U.S.C. 300e-
Section 304 (a) of the Older Americans Act of 1965, 42 U.S.C. 3024
2(i), provides that 20 percent of sums appropriated for any fiscal year
(a), provides that for a State to qualify for grants under Sections 303
for feasibility studies for health maintenance organizations shall be
and 306 of the Act, 42 U.S.C. 3023 and 3026, the State agency must
set aside and obligated in such fiscal year for designated purposes, and
make assurances that the agency will take into consideration, in con-
that amount set aside in fiscal years 1974 and 1975 shall remain avail-
nection with matters of general policy arising in the development and
able for the succeeding fiscal year for certain purposes, if the funds
administration of the State plan for any fiscal year, the views of recipi-
are not obligated because of a lack of applicants.
ents of social services provided under the plan.
Section 1304 of the Public Health Service Act, 42 U.S.C. 300e-3
Section 307 (b) of the Older Americans Act of 1965, 42 U.S.C. 3027
(k), provides that 20 percent of sums appropriated for any fiscal year
(b), provides that, beginning with fiscal year 1975, not less than 25
for planning projects for the establishment or expansion of health
percent of the non-Federal share of the total expenditures under a
maintenance organizations shall be set aside and obligated in such fis-
State plan shall be met from funds from State or local public sources.
cal year designated purposes, and that amount set aside in fiscal year
Section 505 (b) of the Older Americans Act of 1965, 42 U.S.C. 3041
1974 and 1975 shall remain available for the succeeding fiscal year for
(b), provides that the total payments made in any State under grants
certain purposes, if the funds are not obligated because of a lack of
or contracts for multipurpose senior centers pursuant to that section,
applicants.
for any fiscal year, shall not exceed ten percent of the total amount
Section 1305 (e) of the Public Health Service Act, 42 U.S.C. 300e-
appropriated for the year for the purposes of Title V of the Act, 42
4(e), provides that not less than 20 percent of sums used for loans for
U.S.C. 3041-3041f.
the initial operation of health maintenance organizations in any fiscal
Section 707 (a) (4) of the Older Americans Act of 1965, 42 U.S.C.
year shall be used for projects where 66 percent of the membership is
3045f (4), provides that, in donating commodities for nutrition
drawn from residents of non-metropolitan areas and which meet re-
programs for the elderly, the Secretary of Agriculture may maintain
quirements for approval pursuant to Title XIII of the Act.
a level of assistance of not less than 15 cents per meal during fiscal
Section 1610(c) of the Public Health Service Act, 42 U.S.C. 300p
year 1976, and 25 cents per meal during fiscal year 1977.
(c), provides that allotments to States for medical facilities projects
Section 708 of the Older Americans Act of 1965, 42 U.S.C. 3045g, in
for a fiscal year, and unobligated at the close of the year, shall remain
the last sentence, provides that funds appropriated for a fiscal year
available for the next two fiscal years for such purpose. The Secre-
may remain available for the succeeding fiscal year.
tary is authorized to reallocate at the end of the first succeeding fiscal
(3) Section 503 (d) of the Lead-Based Paint Poisoning Prevention
year if he determines the amount will remain unobligated by the origi-
Act, 42 U.S.C. 4843 (d), provides that any amounts authorized for the
nal recipient at the end of the second year of extended availability.
purposes of the Act for a fiscal year but not appropriated may be ap-
Section 1611 (d) of the Public Health Service Act, 42 U.S.C. 300p-1
propriated for the succeeding fiscal year.
(d), provides that, in any fiscal year, not more than 20 percent of a
(4) See analysis of Section 207 of the bill for a discussion of Section
State's allotment for medical facilities projects may be obligated for
203 (e) (1) of the Community Mental Health Centers Act, 42 U.S.C.
new inpatient health care facilities in areas of recent rapid popula-
2689b(e) (1).
tion growth, and not less than 25 percent shall be obligated for out-
Section 206 (e) of the Act, 42 U.S.C. 2689e limits the amount to
patient facilities to serve medically underserved populations.
be used for certain technical assistance to 2 per centum of the amount
Section 1621 of the Public Health Service Act, 42 U.S.C. 300q-1,
appropriated for any fiscal year.
provides that, for each fiscal year, the total amount of principals of
Section 221 (b) (2) of the Act, 42 U.S.C. 2689i (b) (2), provides for
loans for medical facilities shall be allotted among the States in accord-
the Federal share for certain projects on a fiscal year basis.
ance with regulations and on the basis of population, financial need and
Section 221 (b) (4) (B) of the Act, 42 U.S.C. 2689i(4) (B), estab-
need for such facilities. Amounts allocated for a fiscal year, and un-
lishes dates for the promulgation of the Federal percentage for speci-
obligated at the close of such year, may remain available for the suc-
fied purposes and the time, by fiscal year, for which such calculations
ceeding two fiscal years. At the end of the first succeeding fiscal year,
shall be conclusive.
the Secretary may reallot the unobligated balance if he determines it
(5) Section (a) (1) of the General Education Provisions Act,
will remain unobligated by the original recipient at the end of the
20 U.S.C. 1226c (a), provides that an annual evaluation report of Fed-
second succeeding fiscal year.
eral education activities shall be submitted to Congress by November
Section 1625(d) of the Public Health Service Act, 42 U.S.C. 300r,
of each year.
provides that 22 percent of funds appropriated for a fiscal year pur-
Section 437 (a) of the General Education Provision Act, 20 U.S.C.
suant to Section 1613, 42 U.S.C. 300p-3, for medical facilities projects
1232f(a) provides that the Commissioner of Education shall require
shall be made available for construction or modernization grants pur-
each State to submit, within sixty days after the end of the fiscal
suant to subsection (a) of Section 1625.
year, a report on the uses of Federal funds in that State under any
(2) Section 208 of the Older Americans Act of 1965, 42 U.S.C. 3018,
applicable program, as indicated in that section.
provides that the Commissioner on Aging shall submit a report on
(6) Section 2(c) of the Sudden Infant Death Syndrome Act of
activities within one hundred and twenty days after the close of each
1974, 42 U.S.C. 289g note, provides that the Secretary of Health,
fiscal year.
Education, and Welfare shall submit a report within ninety days fol-
26
27
lowing the close of each fiscal year on funding, applications and esti-
to the start of the fiscal year in which the bill is submitted, and that
mates of future needs for funds for research which related to sudden
the charge level for physician services for any fiscal year may not ex-
infant death syndrome.
ceed that for fiscal year 1973 unless justified by economic changes.
(7) Section (c) of the Social Security Act, 42 U.S.C. 401 (c),
(8) Section 409 (c) (2) of the Drug Abuse Office and Treatment
provides that a report shall be submitted to Congress, by April 1
Act of 1972, 21 U.S.C. 1176 (2), provides that amounts made avail-
each year, on the operations and the status of the Federal Old-Age and
able for drug abuse prevention under that section shall remain avail-
Survivors Insurance Trust Fund and the Federal Disability Insurance
able for the fiscal year following for States, and for two additional
Trust Fund, including expected operation and status during the
fiscal years for territories, but may be reallocated in subsequent fiscal
next five fiscal years.
years under certain specified conditions.
Section 403 (c) of the Social Security Act, 42 U.S.C. 603 (c), pro-
Section 412(d) (2) of the Drug Abuse Office and Treatment Act
vides that the Federal share of assistance payments for aid to needy
of 1972, 21 U.S.C. 1179(d) (2), provides that appropriations under
families shall be reduced, each fiscal year, by one percent for each
that section shall be available for the fiscal year for which appropri-
percent by which registration for manpower services, training and
ated and in the following fiscal year.
employment is less than 15 percent of the number of individuals who
(9) Section 302(b) of the Comprehensive Alcohol Abuse and Alco-
are required to be registered in the State.
holism Prevention, Treatment, and Rehabilitation Act of 1970, 42
Section 403 (f) of the Social Security Act, 42 U.S.C. (f), pro-
U.S.C. 4572(b), provides that amounts made available for preven-
vides that payments to a State for assistance to needy families for
tion, treatment and rehabilitation programs to deal with alcohol abuse
quarters in each fiscal year shall be reduced by one percent if the
and alcoholism pursuant to Section 301 of the Act, 42 U.S.C. 4571, shall
State failed to comply with the requirement for family planning
remain available for the fiscal year following for States, and for two
services (B). contained in section 402(a) (15) (B), 42 U.S.C. 602(a) (15)
additional fiscal years for territories, but may be reallocated for subse-
quent fiscal years under certain specified conditions.
ection (f) of the Social Security Act, 42 U.S.C. 603 (f), pro-
(10) Section 7 of the Act of September 30, 1950, 20 U.S.C. 241-1,
vides for the promulgation of State allotments and the Federal share
provides that schools in areas having suffered a major disaster may
for Child Welfare services to be made between July 1 and August 31
receive disaster assistance if the school agency is utilizing all other
of even-numbered years, and to be conclusive for two fiscal years
financial assistance available and requires additional assistance of
following such promulgation.
$1,000 or one-half of one percent of the agency's operating expendi-
Section 1118 of the Social Security Act, 42 U.S.C. 1318, provides
tures during the preceding fiscal year, and has met other conditions.
that a State which has an approved plan for medical assistance pur-
Assistance may be provided for not to exceed five fiscal years, with
suant to Section 1902, 42 U.S.C. 1396a, for any calendar quarter, shall,
amounts decreasing for each fiscal year.
at the option of the State, have the payments to which the State is
(11) Section 410 of the Act of November 19, 1969, 50 U.S.C. 1436,
entitled for that quarter and each succeeding quarter in the fiscal
requires reports, based upon the fiscal year, by former military or
year determined on the basis of Section 1905 of the Act, 42 U.S.C.
civilian officials employed by defense contractors and by the Secre-
1396d, rather than on the basis of percentages provided under various
tary of Defense, relative to such individual reports.
other sections of the Act.
(12) Sections 1012, 1013 and 1014 (e) (1) of the Impoundment Con-
Section 1817 (b) of the Social Security Act, 42 U.S.C. 1395i
trol Act of 1974, 31 U.S.C. 1402, 1403, and 1404(e) (1), require the
provides that the Board of Trustees of the Federal Hospital Insurance
President to submit special messages to the Congress containing pro-
Trust Fund shall report to Congress each year on the operations of
posals for the rescission of budget authority provided for only one
this fund for the preceding fiscal year, and shall include estimates of
fiscal year which is to be reserved from obligation for such fiscal year,
operations for the current and the next two fiscal years.
and any deferrals of budget authority. Deferrals may not be proposed
Section 1841 (b) of the Social Security Act, 42 U.S.C. 1395t(b),
for a period of time beyond the fiscal year in which the special message
provides that the Board of Trustees of the Federal Supplementary
is transmitted. Cumulative reports of these actions must be submitted
Medical Insurance Trust Fund shall report to Congress each year
not later than the 10th day of each month during the fiscal year.
on the operations of the fund for the preceding fiscal year, and shall in-
(13) The Library Services and Construction Act, 20 U.S.C. 351-364,
clude estimates of operation for the current and the next two fiscal
provides for allotments to States, and on a fiscal year basis, for public
years.
library services and requires a State plan for each fiscal year which
Section 1842 (3) of the Social Security Act, 42 U.S.C. 1395u
must be approved by the Commissioner of Education.
(b) (3), contains provisions which must be included in contracts with
(14) Section 207 (b) of the National Productivity and Quality of
carriers pertaining to the delivery of medical services, including a de-
Working Life Act of 1975. 15 U.S.C. 2417 (b) provides for the avail-
termination of reasonable charges. The section provides that no charge
ability of previously allocated funds.
shall be found reasonable if it exceeds the prevailing charge found
(15) Section 6(b) of the Act of July 22, 1963, 7 U.S.C. 390e(b),
reasonable in the same locality on December 31, 1970, or the prevailing
provides that allotments to States for agricultural experiment stations
charge level in the area, based upon acceptable statistical data and
pursuant to section 4 of that Act shall remain available for payment
methodology, during the last preceding calendar year elapsing prior
to the States for no more than two fiscal years following the fiscal year
28
29
in which the allotment is first made available. (Since there were no
cies for the education of children of low-income families. Amounts of
appropriations for fiscal years 1975 and 1976, there will be no effect
grants are based on fiscal year data and awarded on a fiscal year basis.
on availability of previous funding.)
Title II of that Act, 20 U.S.C. 821-27, provides for grants for school
Section 205. This section of the bill provides that the transition quar-
library resources, textbooks and other instructional materials. Allot-
ter shall be treated as part of fiscal year 1976 for the purposes of the
ments are made to States on a fiscal year basis.
following provisions of law
Title III of the Act, 20 U.S.C. 841-847a, provides for grants for
(1) Section 5532 (ii) of Title 5, United States Code, provides
supplementary educational centers and services with allotments to each
for a reduction of retirement pay of retired officers of the uniformed
State for each fiscal year. The minimum allotment for each State is
services who are employed, but does not apply to those whose retire-
$200,000, but since these programs are based on school-year require-
ment was based on certain disabilities or temporary, part-time or
ments, there is no necessity for increasing the minimum for the fifteen
intermittent employment for the first 30-day period of employment
month period. Grants are available for the fiscal year succeeding the
or the first period in which one receives pay under more than one
year of allotment.
appointment, in a fiscal year, "which consists in the aggregate of 30
Title IV of the Act, 20 U.S.C. 861-69a, provides for State grants, on
days, from all positions in which he is employed, if he is serving under
a fiscal year basis, to stimulate and assist States in strengthening the
more than one appointment in that fiscal year."
leadership resources and improve programs to meet the educational
(2) Sections 3, 4, and 5 of the Act of Sept. 2, 1937, 16 U.S.C. 669b,
needs of the State. The grants are on a fiscal year basis.
669c, 669d, provides that up to 8 percent of the revenues covered
Title V of the Act, 20 U.S.C. 1801-32, provides funding for libraries
into the wildlife restoration fund in each fiscal year may be deducted
and learning resources, and educational innovation and support, on
for the expenses of administration and is authorized to be made avail-
a fiscal year basis. The funding formulas are also based upon the fiscal
able through the succeeding fiscal year, and within 60 days after the
year.
close of that fiscal year the unexpended balance shall be apportioned
(8) Section 612 of the Education of the Handicapped Act, 20
to the States as provided in that section for the apportionment of
U.S.C. 1412, provides for allotments to States each fiscal year for the
the remainder of the revenue. The formula for this apportionment is
education of handicapped children. Funds not needed for a fiscal year
based, among other things, on the number of paid hunting license
may be reallotted.
holders in a fiscal year in the State.
(9) Sections 704 and 705 of the Emergency School Aid Act, 20
(3) Sections 3, 4 and 5 of the Act of August 9, 1950, 16 U.S.C.
U.S.C. 1603 and 1604, provide for funding, by fiscal year, to assist the
777b, 777c, and 777d, provides for an appropriation equal to the
States to meet the special needs incident to elimination of minority
revenues from taxes imposed in each fiscal year or fishing equipment,
group segregation. Funds are allocated on a fiscal year basis and re-
to be available for the fiscal year of the appropriation, and the suc-
main available for the fiscal year following that year for which they
ceeding fiscal year. Amounts apportioned to States are also available
are appropriated.
for that period (Section 3).
(10) Section 713 of the Education Amendments of 1974, 20 U.S.C.
After deductions for administrative expense, the remainder is ap-
1943, provides for the allocation of financial assistance to States for
portioned for each fiscal year on the basis of the formula contained in
reading improvement programs on a fiscal year basis.
Section 4.
(11) Section 404 of the Rehabilitation Act of 1973, 29 U.S.C. 784,
The Secretary of the Interior is required to certify to the Secretary
requires a report within 120 days after the close of the fiscal year on
of the Treasury, and to each State fish and game department each
the activities during the preceding fiscal year under the Act.
fiscal year, the sum estimated for administration and that appor-
Section 501 (d) of the Act, 29 U.S.C. 791 (d), requires a report, at
tioned to each.
the end of each fiscal year, on the hiring of handicapped individuals
(4) Section 1 of the Act of August 12, 1955, 69 Stat. 698, 16 U.S.C.
during that fiscal year.
669b-1, provides for the transfer to the Federal aid to wildlife restora-
Section 502 (g) of the Act, 29 U.S.C. requires a report, at the
tion fund of revenues accruing during each fiscal year.
end of each fiscal year, on investigations by the Architectural and
(5) Section 26 of the Tennessee Valley Authority Act of 1933, 16
Transportation Barriers Compliance Board during that fiscal year.
U.S.C. 831y, provides that proceeds derived each fiscal year from the
(12) Section 3646 of the Revised Statutes, 31 U.S.C. 528 (c), pro-
sale of power and other products, or from any other activities of the
vides that original checks of the United States drawn on a depositary
Tennessee Valley Corporation, shall be paid into the Treasury, except
not in this country, and which is lost or destroyed or mutilated, may
for amounts necessary for specified operations of the Corporation.
be replaced until the end of the fiscal year succeeding the fiscal year in
(6) Section 303 of the Act of September 30, 1950, 20 U.S.C. 241bb,
which the original check is issued.
provides the basis for the computation of amounts to which a local
(13) Section 40 of the Act of August 10, 1965. as amended, 31 U.S.C.
educational agency is entitled each fiscal year. The determination is
649c, provides that appropriations for research and development in
based on attendance during the fiscal year and per pupil expendi-
the Department of Defense shall remain available for two fiscal years
ture during a fiscal year.
following the year of appropriation.
(7) Title I of the Elementary and Secondary Education Act of
(14) Sections 3 and 5 of the Act of July 25, 1956, 31 U.S.C. 705 and
1965, 20 U.S.C. 241a-o, provides assistance to local educational agen-
706, provide for the merger of obligated balance under discontinued
30
31
appropriation heads, and the withdrawal of balances where no
disbursements are made during two fiscal years, at the end of the
Section 810(c) (2) of that Act, 42 U.S.C. 296e(c) (2), provides re-
second full fiscal year.
quirements for grants on a fiscal year basis and on fiscal year data.
(15) Section 103 of the Act of June 6, 1972, 31 U.S.C. 1203, provides
Section of that Act, 42 U.S.C. 296e (e), provides an adjust-
that the Secretary of Treasury shall report on the operations of that
ment in enrollment requirements for grants for new schools, on a
fiscal year basis.
Act, relating to Federal Personnel Surety Bonds, for fiscal years 1973
through 1978.
Section 811 (a) of that Act, 42 U.S.C. 296f(a), provides that the
(16) Section 105 (a) (2) of the Act of October 20, 1972, 31 U.S.C.
Secretary may set dates by which grant applications must be filed,
1224(a) (2), provides that the Secretary of the Treasury shall report
but not earlier than in the fiscal year preceding the year of
application.
to the Congress on the operations of the State and Local Government
Fiscal Assistance Trust Fund for each fiscal year.
(25) Sections 3 and 4(b) of the Child Nutrition Act of 1966 pro-
vides for the disbursement of funds.
(17) Section 407 (b) of Title 37, United States Code, provides that
a member of the uniformed services shall not be entitled to more than
(26) Sections 2, 3 and 4 of the Act of September 30, 1950 provides
one dislocation allowance in any fiscal year except under certain
assistance to local educational agencies in areas of high density of
circumstances.
federal employees.
(18) Section 413 of the Domestic Volunteer Service Act of 1973, 42
Section 206. This section provides that the transition quarter and
U.S.C. 5053, provides for the operation of programs under that Act
fiscal year 1975 shall be considered as one year for certain provisions
of law, as follows:
for fiscal years 1975, 1976, and 1977.
(19) Section (b) and (f) of Title 10, United States Code, limit
(1) Section (d) (2) (C) (ii) of the Public Health Service Act,
the accumulation and use of leave by members of the armed forces on
42 U.S.C. 246 (d) (2) (C) (ii), provides that State health authorities
a fiscal year basis.
shall report, annually, on the comprehensive public health services
(20) Section 1 of the Act of July 11, 1947; as amended, 31 U.S.C.
provided in the State.
132, requires withdrawal of the amounts of all checks drawn by officers
Section 314(d) (3) of that Act, 42 U.S.C. (d) (3), provides for
of the United States which have not been paid prior to the close of the
an annual review of State activities.
fiscal year following the fiscal year in which the checks were issued
Section 435 (b) of that Act, 42 U.S.C. 289c-2(b), provides for an
and deposit of such funds into a consolidated account.
evaluation, on an annual basis, of the activities of diabetes mellitus
research centers.
(21) Sections 110 and 111 (d) of the Federal Property and Adminis-
trative Services Act of 1949, as amended, 40 U.S.C. 757 and 759(d)
Section 646 of that Act, 42 U.S.C. 2910-1, requires an annual fi-
provide that net income, after provision for prior year losses, in the
nancial statement by applicants for grants or loans under that
Federal telecommunications fund and the automatic data processing
subchapter.
fund, shall be transferred to the Treasury as miscellaneous receipts
Section 1210 of that Act, 42 U.S.C. 300d-9, provides for an annual
each fiscal year.
report to Congress on the administration of that subchapter of the
Act.
Section 210(f) (5) of that Act, as amended, 40 U.S.C. 490 (f) (5),
provides that money from the fund established pursuant to that section
Section 1315 of that Act, 42 U.S.C. 300e-14, provides for an annual
for real property management, may be deposited to miscellaneous
report to Congress on programs of assistance authorized by that sub-
chapter of the Act.
receipts in any fiscal year as provided in appropriation Acts.
(22) The final paragraph under the heading "Public Building Ad-
(2) Section 409 (e) of the Drug Abuse Office and Treatment Act of
ministration" in the Act of Mav 3, 1945, 59 Stat. 115, 40 U.S.C. 293,
1972, 21 U.S.C. 1176(e), requires a State plan, and evaluation, on an
annual basis.
provides that, at the close of each fiscal year, the excess of funds in the
working capital fund for central bluepriting, photostating and
(3) Section 303 of the Comprehensive Alcohol Abuse and
duplicating services shall be covered into the Treasury as miscellaneous
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
receipts.
42 U.S.C. 4573, requires annual review of State plans.
(23) Public Law 90-469, 82 Stat. 666, provides that, after provision
(4) See Section 207, below, analysis of Section 203 (e) (1) of the
for prior year losses, the net income of the fund for the operation of
Community Mental Health Centers Act, 42 U.S.C. 2689b (e) (1).
the William Langer Jewel Bearing Plant shall be transferred to the
Section 237 (a) (1) (C) of that Act, 42 U.S.C. 2689t (1) (C), re-
Treasury, as miscellaneous receipts, at the close of each fiscal year.
quires an annual review of State plans by the State agencies.
(24) Section 802(a) of the Public Health Service Act, 42 U.S.C.
(5) Section 205 (b) (1) of the Water Pollution Control Act, 33
296a(a). provides that the Secretary may set dates by which grant
U.S.C. 1285 (b) (1), provides that funds for treatment works shall be
applications must be filed, but not earlier than in the fiscal year pre-
available for one year after the close of the fiscal year in which they
are authorized.
ceding the year of application.
Section 810(b) of the Public Health Service Act, 42 U.S.C. 296e (b),
Section 207. Section (e) (1) of the Public Health Service Act,
provides for the adjustment of grants for schools of nursing. in any
42 U.S.C. 2689b(e) (1), provides for continuation grants for those
fiscal year if the amount appropriated necessitates adjustment.
entities which have been eligible for specified grants had the Act not
been amended to repeal the section authorizing such grants. The con-
32
tinuation grants are based, in part, upon the provisions of Sections
264 (a) and 221 (c), 42 U.S.C. 2688a(c) and 2688r (a), of the Act prior
to July 29, 1975.
The presently authorized continuation grant program references
appropriations, fiscal years, and numbers of years. To achieve an
orderly transition to the new fiscal year in the operation of this pro-
gram, this bill treats the transition quarter in a different manner for
each of these references. In paragraph (19) of Section 201 of the bill,
the transition quarter is treated as a fiscal year for the purposes of
these grants. In paragraph (4) of Section 206 of the bill, the period
of July 1, 1975, through September 30, 1976, is treated as one year for
the purposes of these grants, and in Section 207 of the bill it is provided
that a grant from a transition quarter appropriation shall not be
counted against the limitation of two grants to each entity.
The total effect of these provisions is to allow grants in the transi-
tion quarter without disrupting the statutory provisions for the
program.
Section 208. Section 206 (c) (4) of the Community Mental Health
Centers Act, 42 U.S.C. 2689e (c) (4), provides that in each fiscal year
for which a community mental health center receives a grant under
specified sections, the center shall obligate an amount equal to 2 per-
cent of the previous fiscal year's evaluation program. This amount is
increased to 2.5 per centum of the previous year for the 15-month
period, and reduced to 1.6 per centum for the succeeding year.
Section 209. This section provides for merger, on July 1, 1976, of
funds provided to an account for the transition quarter with balances
available from appropriations made for the fiscal year 1976 for such
account. Funds provided to an account in the transition quarter can
only be merged with balances from the same fiscal year 1976 account.
Transition quarter appropriations can only be merged with balances
from appropriations for 1976 and cannot be merged with balances of
appropriations for earlier fiscal years that would lapse on June 30,
1976.
S. 2444
Minety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To provide for the orderly transition to the new October 1 to
September 30 fiscal year.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Fiscal Year Transition Act".
TITLE I
SEC. 101. (a) For the purposes of sections 222 (d) (1), 421, 506(d),
516, 705, 901 (e) (2) and (f), 902, 905 (b) (2), 1108, 1115, and 2002
(a) (2) of the Social Security Act, the term "fiscal year" includes the
period of July 1, 1976, through September 30, 1976, and the exercise
of authority pursuant to these provisions for that period shall be sub-
ject to the conditions stated in the following paragraphs:
(1) notwithstanding the provisions of section 222 (d) (1) (42
U.S.C. 422 (d) (1)), the amount authorized to be transferred from
the trust funds pursuant to that section in the period beginning
July 1, 1976, and ending September 30, 1976, may not exceed 1.5
per centum of the total of the benefits certified for payment in the
first quarter of the fiscal year beginning July 1, 1975, and the
amount authorized to be transferred from the Trust Funds in
the fiscal year beginning October 1, 1976, may not exceed 1.5
per centum of the total of the benefits certified for payment in
the preceding twelve months;
(2) the fixed dollar allotment to each State under section 421
(42 U.S.C. 621) shall be $17,500;
(3) the reduction required by section 506(d) (42 U.S.C. 706
(d)) shall be the amount by which the sum expended from non-
Federal sources for that period is less than one-fourth the sum
expended from such sources for the fiscal year ending June 30,
1968;
(4) the amount allotted to each State under section 516 (42
U.S.C. 716) shall be the excess of one-fourth the amount of the
allotment for the State under sections 503 and 504 of the Social
Security Act (42 U.S.C. 703 and 704), for the fiscal year ending
June 30, 1973, plus the amount of any grants to the State under
sections 508, 509, and 510 of that Act (42 U.S.C. 708, 709, and
710), over the amount of the allotment of the State under sec-
tions 503 and 504 of that Act for the period;
(5) the limitation imposed by section 705(b) (42 U.S.C. 906
(b)) on the amount that may be available for carrying out sec-
tion 705(f) shall be $500,000 for that period;
(6) the percentage referenced in the second sentence of section
901 (e) (2) (42 U.S.C. 1101 (e) (2)) shall be reduced to 10 per
centum for the purpose of advances to be made in that period;
(7) notwithstanding the provisions of section 901 (f) (3) (A)
(42 U.S.C. 1101 (f) (3) (A)), for the fiscal year beginning Octo-
ber 1, 1976, the excess in the employment administration account
shall be retained until the amount in such account is equal to 160
CORRECTED SHEET
S. 2444-2
per centum of the amount of the total appropriation by the Con-
gress out of the account for the period July 1, 1976, through Sep-
tember 30, 1976, and $37,500,000 or three thirty-seconds of the
amount in the employment security administration account,
whichever is the lesser, is authorized to be made available for that
period under the conditions provided therein;
(8) the determinative calendar year for the purpose of a
transfer to the unemployment account pursuant to section 902(a)
(42 U.S.C. 1102(a)), at the beginning of the fiscal year beginning
October 1, 1976, shall be calendar year 1975;
(9) the determinative calendar year for the purposes of a trans-
fer to the extended unemployment compensation account pur-
suant to section 905 (b) (2) (B) (42 U.S.C. 1105 (b) (2) (B) at
the beginning of the fiscal year beginning October 1, 1976, shall
be calendar year 1975;
(10) the limitations imposed by section 1108 (42 U.S.C. 1308)
on amounts certified by the Secretary shall be one-fourth of the
limitations imposed by that section with respect to the fiscal year
ending June 30, 1976;
(11) the dollar limitation imposed by section 1115 (42 U.S.C.
1315) on the amount available for payments to the States for
the cost of projects under that section shall be $1,000,000 of the
aggregate amount appropriated for payments to the States for
the period; and
(12) notwithstanding the provisions of subparagraph (A) of
section 2002 (2) (42 U.S.C. 1397a(a) (2)), the limitation
imposed by that subparagraph on payments with respect to
expenditures by a State for the period shall be one-fourth of the
limitation imposed on such payments with respect to expenditures
by the State for the fiscal year beginning July 1, 1975; and not-
withstanding the provisions of subparagraph (D) of section 2002
(a) (2), the maximum allotments under that subparagraph for the
period shall be $3,750,000 for Puerto Rico, $125,000 for Guam,
and $125,000 for the Virgin Islands, but nothing in this Act shall
apply to the second sentence of section 2002(a) (2) (A).
(b) Notwithstanding the provisions of sections 503 and 504 of the
Social Security Act (42 U.S.C.703 and 704), the fixed dollar allotment
to each State under each of these sections for the period of July 1,
1976, through September 30, 1976, shall be $17,500.
(c) Notwithstanding the provisions of section 1101 (a) (8) (B) of
the Social Security Act (42 U.S.C. 1301 (a) (8) (B)), the Federal
percentages promulgated under that subparagraph in 1974 shall be
conclusive for each of the nine quarters in the period beginning on
July 1, 1975, and ending on September 30, 1977.
(d) Notwithstanding the provisions of section 2006 (c) of the Social
Security Act (42 U.S.C. 1397e(c)), the report on the operation of the
program established by title XX of that Act during the fiscal year
ending June 30, 1976, shall include the operation of that program
during the period of July 1, 1976, through September 30, 1976, and
shall be submitted to the Congress prior to April 1, 1977.
SEC. 102. For the purposes of section 401 of the Social Security
Amendments of 1972 (42 U.S.C. 1382e note), the term "fiscal year"
includes the period of July 1, 1976, through September 30, 1976, and
the limitations imposed by section 401 (a) on the amount payable to
the Secretary by a State shall be one-fourth of the non-Federal share
of expenditures as aid or assistance for quarters in calendar year 1972,
as determined under that section.
S. 2444-3
SEC. 103. For the purposes of the provisions of sections 110 and 120
of the Rehabilitation Act of 1973 (29 U.S.C. 730 and 740), the term
"fiscal year" includes the period of July 1, 1976, through September 30,
1976, and the exercise of authority pursuant to those provisions for
that period shall be subject to the conditions stated in the following
paragraphs:
(1) the fixed dollar minimum allotment for any State (other
than Guam, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands) under section 110 shall be
$500,000, and
(2) the minimum allotment to any State under section 120
shall be $12,500.
SEC. 104. For the purpose of the second sentence of section 319(h)
(2) of the Public Health Service Act (42 U.S.C. 247d(h) (22)) the
period of July 1, 1976, through September 30, 1976, shall be treated
as part of fiscal year 1976, and the 90 per centum limitation specified
in that sentence shall be increased to 112.5 per centum for that period.
SEC. 105. (a) For the purposes of sections 210(a), 305 (a), and
307 (c) of the Older Americans Act of 1965 (42 U.S.C. 3020 (a), 3025
(a), and 3027 the period of July 1, 1976, through September 30,
1976, shall be considered part of the fiscal year beginning July 1, 1975,
and the exercise of authority pursuant to those provisions shall be
subject to the conditions stated in the following paragraphs:
(1) the term "appropriation Act" in section 210(a) (42 U.S.C.
3020 shall be considered to include any appropriation Act
for the period of July 1, 1975, through September 30, 1976;
(2) notwithstanding the provisions of section 307 (c) (42 U.S.C.
3027 (c) a State's allotment under section 303 for the period of
July 1, 1975, through September 30, 1976, shall be reduced by the
percentage by which its expenditures for such period from State
sources under its State plan approved under section 305 are less
than 125 per centum of its expenditures from such sources of the
preceding fiscal year, and, notwithstanding the provisions of
section 307 (c), a State's allotment under section 303 for the fiscal
year ending September 30, 1977, shall be reduced by the percent-
age by which its expenditures for that year from State sources
under its State plan, approved under section 305, are less than 80
per centum of its expenditures for the period of July 1, 1975,
through September 30, 1976; and
(3) the assurances required by that portion of paragraph (10)
of section 305 (a) of the Act preceding the exception clause shall
be that not less than 50 per centum of the amount by which the
allotment for the period of July 1, 1976, through September 30,
1977, exceeds 125 per centum of the allotment for fiscal year
1975, shall be used for the purposes of section 305(b).
(b) For the purposes of sections 303(b) and 306(b) of the Older
Americans Act of 1965 (42 U.S.C. 3023 (b) and 3026(b)), the period
of July 1, 1976, through September 30, 1976, shall be considered a
fiscal year, and the exercise of authority pursuant to those provisions
shall be subject to the conditions stated in the following paragraphs:
(1) the amount specified in section 303(b) (2) (C) shall be
decreased by 75 per centum for that period;
(2) the amount of $200,000 specified in section 306(b) (1) (A)
shall be decreased to $50,000 for that period; and
(3) the amount of $62,500 specified in section 306 (b) (1) (B)
shall be decreased to $15,625 for that period, and the amount
S. 2444-4
specified in section 306(b) (3) shall be decreased by 75 per centum
for that period.
SEC. 106. (a) For the purposes of sections 845 (b) and (c) (1) (A),
1516 (2), 1525 (b), 1610(b), and 1640(b) of the Public Health
Service Act, the period of July 1, 1976, through September 30, 1976,
shall be considered a fiscal year and the exercise of authority pursuant
to those provisions for the period shall be subject to the conditions
stated in the following paragraphs:
(1) the amount of $3,000 specified in section 845 (b) (42 U.S.C.
297j(b)) shall be reduced to $750 for that period, and the
regulations regarding scholarships in section 845(c) (1) (A) (42
U.S.C. 297j (1) (A)) for fiscal year 1977 shall apply to that
period;
(2) notwithstanding the provisions in the exception clause
in section 1516(c) (2) (42 U.S.C. 3001-5(c) (2)), the amount of
$175,000 specified shall be reduced to $43,750 for that period;
(3) notwithstanding the provisions of the exception clause in
section 1525(b) (42 U.S.C. 300m-4(b)), the amount concerning
which assurances are required in respect to the period shall be
75 per centum less than the amount specified, and funds expended
in previous years shall not, for the purposes of that clause, include
funds expended during that period;
(4) notwithstanding the provisions in section 1610(b) (1) (42
U.S.C. 300p (b) (1)), the amounts of $1,000,000 and $500,000 speci-
fied shall be decreased to $250,000 and $125,000, respectively, for
that period; and
(5) notwithstanding the provisions of section 1640(b) (2) (42
U.S.C. 300t(b) (2)), the amount of $1 specified in section 1640
(b) (2) shall be decreased to 25 cents for that period.
(b) Section 308(c) of the Public Health Service Act (42 U.S.C.
242m(c)) shall not apply to any funds obligated or grants or con-
tracts made or entered into for the period of July 1, 1975, through
September 30, 1976. The aggregate number of grants and contracts
made or entered into under sections 304 and 305 of the Act (42 U.S.C.
242b and 242c), for the period of July 1, 1975, through September 30,
1976, respecting a particular means of delivery of health services, or
another particular aspect of health services, may not exceed twenty-
five, and the aggregate amount of funds obligated under grants and
contracts for that period under those sections respecting a particular
means a delivery of health services may not exceed $6,250,000.
(c) No grant under section 395 of the Public Health Service Act (42
U.S.C. 280b-7) for the period of July 1, 1976, through September 30,
1976, shall exceed $50,000.
(d) Of the sums appropriated under the Public Health Service Act
for the National Institutes of Health for the period of July 1, 1976,
through September 30, 1976, not less than $125,000 shall be obligated
for basic and clinical orthopedic research as prescribed under section
431 (c) (42 U.S.C. 289a(c)).
(e) Notwithstanding the provisions of section 1516(b) of the Public
Health Service Act (42 U.S.C. 3001-5(b)), the amounts specified in
sections 1516(b) (1) (A), 1516(b) (1) (B), 1516(b) (2) (A) (i), 1516
(b) (2) (A) (ii) (II), and 1516(b)( (3) for purposes of grants made
under section 1516 in the period of July 1, 1976, through September 30,
1976, shall be reduced by 75 per centum.
(f) For the purposes of section 1305(b) (1) of the Public Health
Service Act (42 U.S.C. 300e-4(b) (1)), the period of July 1, 1976,
S. 2444-5
through September 30, 1976, shall be considered part of the fiscal year
beginning July 1, 1975, and the limitation specified in the second
sentence of section 1305 (b) (1) shall be $1,250,000 for the period begin-
ning July 1, 1975, and ending September 30, 1976.
SEC. 107. For the purposes of the Developmental Disabilities Serv-
ices and Facilities Construction Act (42 U.S.C. 6001 et seq.) (1) the
term "fiscal year" includes the period of July 1, 1976, through Septem-
ber 30, 1976, (2) for purposes of paragraphs (3) and (4) of section
132(a) of that Act (42 U.S.C. 6062(a) (3) and (4)) that period shall
be considered part of the fiscal year beginning July 1, 1975; and (3)
the minimum allotment of the Virgin Islands, American Samoa, Guam,
and the Trust Territory of the Pacific Islands for that period under
section 132(a) (1) of that Act (42 U.S.C. 6062 (1)) shall be $12,500
and the minimum allotment of each State for that period shall be
$37,500.
SEC. 108. (a) For the purposes of section 302(c) of the Compre-
hensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970 (42 U.S.C. 4572(c)), the period of July 1,
1976, through September 30, 1976, shall be considered part of the fiscal
year beginning July 1, 1975, and the limitation of $50,000 specified in
section 302(c) shall be increased to $62,500 for that period.
(b) For the purposes of section 302 (a) of the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabil-
itation Act of 1970 (42 U.S.C. 4572(a)), the period of July 1, 1976,
through September 30, 1976, shall be considered a fiscal year and the
amount of $200,000 specified in section 302 shall be decreased to
$50,000 for that period.
(c) For the purposes of section 304(c) of the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act
of 1970 (42 U.S.C. 4574(c)), the period of July 1, 1975, through
September 30, 1976, shall be considered a fiscal year, and the 10 per
centum limitation specified in section 304 shall be increased to 40
per centum for that period.
SEC. 109. For the purposes of sections 227, and 237 (d) of the Com-
munity Mental Health Centers Act, the period of July 1, 1976, through
September 30, 1976, shall be considered a fiscal year and the exercise of
authority pursuant to those provisions for that period shall be subject
to the conditions stated in the following paragraphs:
(1) the $100,000 minimum, specified in section 227(a) (42
U.S.C. 26890 (a)), shall be $25,000 for that period, and the time
limitation in that section respecting the availability of unobli-
gated funds shall not take into consideration the period of July 1,
1976, through September 30, 1976; and
(2) the amount of $50,000 specified in section 237 (d) (1) (42
U.S.C. 2689t (d) (1)), shall be $12,500 for that period, the time
limitation specified in the second sentence shall not take that
period into consideration, and the amount specified in section 237
(d) (2) (42 U.S.C. 2689t (d) (2)), shall be reduced by 75 per
centum for that period.
SEC. 110. For the purposes of sections 1079 and 1086 of title 10,
United States Code, the period of July 1, 1976, through September 30,
1976, shall be considered a fiscal year, except that for the purposes of
computing the minimum fixed dollar amounts prescribed by sections
1079(b) and 1086(b), that period shall be considered as part of the
fiscal year ending June 30, 1976.
CORRECTED
S. 2444-6
SEC. 111. (a) Except where the context otherwise requires, or
where otherwise provided in this section, the phrase "fiscal year" shall
include the period of July 1, 1976, through September 30, 1976, wher-
ever it appears in sections 3, 4, 6(a), 7, 8, 10, and 11 of the National
School Lunch Act, as amended (42 U.S.C. 1752, 1753, 1755 (a), 1756,
1757, 1759, and 1759a).
(b) (1) The phrase "fiscal year ending June 30, 1972", in section 4 of
the National School Lunch Act (42 U.S.C. 1753) shall be construed to
mean the period of July 1, 1971, through September 30, 1971, in com-
puting the minimum aggregate amount of food assistance payments
to be made by the Secretary to each State educational agency for the
period of July 1, 1976, through September 30, 1976.
(2) For the purpose of the sixth sentence of section 7 of the National
School Lunch Act, as amended (42 U.S.C. 1756), for the period of
July 1, 1976, through September 30, 1976, State revenue shall con-
stitute at least 8 per centum of the matching requirement for the same
three-month period in the preceding fiscal year.
SEC. 112. (a) For the period of July 1, 1976, through September 30,
1976, the limitations on expenditures in sections 15 (d) (5) and 15(d)
(7) of the Peace Corps Act (22 U.S.C. 2514(d) (5) and 2514(d) (7))
shall be $1,500.
(b) For the period of July 1, 1976, through September 30, 1976, the
limitation on expenditures in section 301 (b) (2) of the Peace Corps
Act (22 U.S.C. 2501a (b) (2)) shall be $100,000.
SEC. 113. For the purposes of section 3(d) of the Act of March 2,
1887, as amended (7 U.S.C. 361c(d)), the period of July 1, 1976,
through September 30, 1976, shall be treated as a fiscal year and the
figure $90,000 in section 3(d) shall be construed to be $22,500 for that
period.
SEC. 114. (a) For the purposes of section 13 of the Tennessee Valley
Authority Act of 1933, as amended (16 U.S.C. 8311), the Corporation
shall, for the period of July 1, 1976, through September 30, 1976, make
payments in lieu of taxes on such bases and in a manner which is con-
sistent, to the fullest extent practicable, with the payments authorized
and made for the immediately preceding fiscal year and to be made for
the fiscal year immediately following, in accordance with the appli-
cable provisions of that section.
(b) Pursuant to the provisions of section 15d of the Tennessee Val-
ley Authority Act of 1933, as amended (16 U.S.C. 831n-4), the Cor-
poration shall make a payment of $5,000,000, on September 30, 1976,
as repayment of the appropriation investment plus a payment as a
return on the appropriation investment for the period of July 1, 1976,
through September 30, 1976, computed at the average interest rate
payable by the Treasury upon its total marketable public obligations
as of July 1, 1976, applied to the balance of said appropriations as of
July 1, 1976.
SEC. 115. For the purposes of sections 409(b) and 409(c) (1) of the
Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1176 (b)
and (c) (1)), the period of July 1, 1976, through September 30, 1976,
shall be considered a fiscal year and the exercise of authority pursuant
to these provisions for that period shall be subject to the conditions
stated in the following paragraphs:
(1) notwithstanding the provision in section 409(b) (3)), the
limitation of $50,000 specified in section 409(b) (3) shall be
decreased to $12,500 for that period; and
S. 2444-7
(2) notwithstanding the provision in section 409(c) (1), the
amount of $100,000 specified in section 409(c) (1) shall be
decreased to $25,000 for that period.
SEC. 116. Notwithstanding the provisions of section 406(d) of the
General Education Provisions Act (20 U.S.C. 1221e-1(d)), the report
of the Assistant Secretary for the Department of Health, Education,
and Welfare required by section 406(d) to be submitted in 1976 shall
include a description of the activities of the National Center for Edu-
cation Statistics during the period of July 1, 1976, through
September 30, 1976.
SEC. 117. For the purpose of the Comprehensive Employment and
Training Act, Public Law 93-203, the period of July 1, 1976, through
September 30, 1976, shall be treated as part of the fiscal year beginning
on July 1, 1975, except that such period shall not be included in such
fiscal year in applying the percentages specified in sections 103 (a)
(4) and 103 (f) of that Act.
SEC. 118. (a) For the purposes of sections 201 (a) and 202(a) of the
Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1151
(a) and 1152(a)), the period of July 1, 1976, through September 30,
1976, shall be considered part of the fiscal year beginning July 1, 1975,
and the limitations of 170,000 specified in section 201(a) and 20,000
specified in section 202(a), shall be increased to 212,500 and 25,000,
respectively, for the period of July 1, 1975, through September 30, 1976.
(b) For the purposes of section 21(e) of the Act of October 3, 1965
(79 Stat. 921), the period of July 1, 1976, through September 30, 1976,
shall be considered part of the fiscal year beginning July 1, 1975, and
the limitation of 120,000 specified in section (e) shall be increased to
150,000 for the period of July 1, 1975, through September 30, 1976.
SEC. 119. In case of any applicable program within the meaning
of the General Education Provisions Act, except as otherwise specifi-
cally provided by this Act, for the purpose of comparison of activities
between fiscal years, amounts applicable to the period July 1, 1975,
through September 30, 1976, and the statistical measurements pertain-
ing to those amounts, shall be reduced by 20 per centum where such
period is to be by the terms of this Act made or considered to be a part
of the fiscal year 1976 or the fiscal year ending September 30, 1977.
Notwithstanding any other provision of this Act, where the period
July 1, 1976, through September 30, 1976, is to be by the terms of this
Act made or considered to be a separate fiscal year, it shall not be con-
sidered a fiscal year for the purpose of such comparison of activities
between fiscal years and such measurements in the case of any such
program.
SEC. 120. For the purposes of section 8147 (b) of title 5, United States
Code, each agency and instrumentality of the United States dependent
upon an annual appropriation and having an employee who is or may
be entitled to compensation benefits under this subchapter or any exten-
sion or application thereof shall deposit in the Treasury to the credit
of the Employees' Compensation Fund, no later than July 15, 1976,
but no earlier than July 1, 1976, 25 per centum of the amount stated
in the August 15, 1975, statement.
SEC. 121. For the purposes of section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), the term "fiscal year" includes the period of
July 1, 1976, through September 30, 1976, and the amount to be
transferred to the Secretary of Agriculture pursuant to that section
and for that period is 7.5 per centum of the gross receipts collected
under the customs laws during calendar year 1975.
CORRECTED
SHEET
S. 2444-8
SEC. 122. For the purposes of section 2(a) of the Act of August 11,
1939 (53 Stat. 1412), as amended (15 U.S.C. 713c-3), the term "fiscal
year" includes the period of July 1, 1976, through September 30, 1976,
and the amount to be transferred to the Secretary of Commerce pur-
suant to that section and for that period is 7.5 per centum of the gross
receipts collected under the customs laws on fishery products during
calendar year 1975.
SEC. 123. For the purposes of section 2005(a) of title 39, United
States Code, the period of July 1, 1975, through September 30, 1976,
shall be considered a fiscal year and the maximum net increase in the
amount of United States Postal Service obligations outstanding
imposed by that section for such period shall be deemed to be
$1,875,000,000 for obligations issued for the purpose of capital
improvements and $625,000,000 for obligations issued for the purpose
of defraying operating expenses of the Postal Service.
SEC. 124. For the purposes of the Older American Community Serv-
ice Employment Act (42 U.S.C. 3056 et seq.) the period of July 1,
1976, through September 30, 1976, shall be considered a fiscal year,
and the amounts of $100,000 and $50,000 specified in section 906 (a) (2)
shall be reduced to $25,000 and $12,500, respectively, for that period.
SEC. 125. For the purposes of section 810(c) (1) of the Public Health
Service Act (42 U.S.C. 296e(c) (1)) the period July 1, 1976, through
September 30, 1976, shall be considered part of fiscal year 1977, but
that period shall not be considered in the calculation of average
expenditures for any fiscal year, and the amount which a school must
expend during that fifteen-month period is increased 125 per centum
of the average of non-Federal expenditures in the preceding three
fiscal years.
SEC. 126. For the purposes of section 815 of the Public Health Serv-
ice Act (42 U.S.C. 926j) the period of July 1, 1976, through Septem-
ber 30, 1976, shall be considered part of fiscal year 1976, but that
period shall not be considered in the calculation of average expendi-
tures for any fiscal year for assurances required by section 815 (b) (2)
(42 U.S.C 296j (b) (2)), and the amount which a school must expend
during that fifteen-month period is increased to 125 per centum of the
average of non-Federal expenditures in the preceding three fiscal
years.
TITLE II
SEC. 201. The period of July 1, 1976, through September 30, 1976,
shall be treated as a fiscal year for the purpose of the following provi-
sions of law:
(1) section 3(b) (2) of the Act of March 2, 1887, as amended
(7 U.S.C. 361c(b) (2)) ;
(2) section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623 (b) ;
(3) section (b) of the Food Stamp Act of 1964 (7 U.S.C.
2025 (b))
(4) the Act of June 30, 1932 (16 U.S.C. 577a)
(5) section 1 of the Act of June 29, 1966 (Public Law 89-473;
31 U.S.C. 628a) ;
(6) section 2 of the Act of December 23, 1944 (chapter 716, as
amended, 31 U.S.C. 492b) ;
(7) section 3(a) of the Act of July 15, 1957 (chapter 509, 31
U.S.C. 581d) ;
(8) section 10(c) of the Act of June 29, 1935, as added by the
Act of August 14, 1946, as amended (7 U.S.C. 427i(c))
CORRECTED
SHEET
S. 2444-9
(9) section 208(d) of the District of Columbia Public Post
Secondary Education Reorganization Act (Public Law 93-471) ;
(10) sections 2209, 2210, 3201, 3202, 5401, 5402, 7581, 8201,
and 8202 of title 10, United States Code;
(11) section 305(b) of the Social Security Amendments of
1972 (Public Law 92-603, 42 U.S.C. 401 note)
(12) sections 201 (a), (b), and (g) (1), 302(a), 403(g), 424,
431, 502, 901 (b), (c), and (f), 903 (a) (1) and (b) (1), 1203,
1817(a), and 1841 (h) and (i) of the Social Security Act (42
U.S.C. 401 (a), (b), and (g) (1), 502(a), 603(g), 624, 631, 702,
1101 (b), (c), and (f), 1103 (a) (1) and (b) (1), 1323, 1395i(a),
and 1395t (h) and (i))
(13) part C of title IV of the Higher Education Act of 1965
(42 U.S.C. 2751-56a)
(14) section 7652(b) of the Internal Revenue Code of 1954
(26 U.S.C. 7652)
(15) the second sentence of section 3(b) (2) of the Act of May
8, 1914, as added by the Act of June 23, 1972 (7 U.S.C. 343 (b)
(2))
(16) section 15(b) of the Peace Corps Act (22 U.S.C. 2514
(b))
(17) sections 206(d), 209(c), 311(c), 313(b), 314(d) (4) and
(5), 317 (b), (d) (4), and (f), 318 (f) and (g), 324(b), 328(b),
331, 820(d), 838(a), 838(b) (2), 841, 846, 1206(e), 1516(a), 1610
(a), 1611 (c), and 1640(a) of the Public Health Service Act (42
U.S.C. 207 (d), 210b(c), 243(c), 245a(b), 246(d) (4) and (5),
247b (b), (d) (4), and (f), 247c (f) and (g), 251(b), 254a (b),
255, 296k(d), 297d (a) and (b) (2), 297h, and 297k, 300d-5(e),
3001-5(a), 300p (a), 300p-1(c), and 300t(a)) ;
(18) sections 303 (c) and (e), 306(c), 307 (a), 501(b), 703, 705
(a) (2) (B), and 706 of the Older Americans Act of 1965 (42
U.S.C. 3023 (c) and (e), 3026(c), 3027(a), 3041 (b), 3045b, 3045d
(a) (2) (B), and 3045e)
(19) for purposes of continuation grants under the Commu-
nity Mental Health Centers Act, section 264(a) and the first sen-
tence of section 221 (c) of that Act as in effect prior to July 29,
1975 (42 U.S.C. 2688a (c) and 2688r (a))
(20) section 513(a) of the Headstart- Through Act (42
U.S.C. 2928b (a)), except the material following the semicolon in
the third sentence of that section shall not apply to funds
appropriated for the period of July 1, 1976, through Septem-
ber 30, 1976;
(21) section 4(b) of the Act of July 22, 1963 (7 U.S.C. 390c
(b))
(22) section 3(c) of the Act of May 8, 1914, as amended (7
U.S.C. 343(c)) ;
(23) the last sentence of section 520(a) of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (42 U.S.C.
3768(a));
(24) section 401 of the Act of June 15, 1935 (49 Stat. 383), as
amended (16 U.S.C. 715s);
(25) section 203(d) of the Act of June 26, 1934, as amended
(12 U.S.C. 1783(d))
(26) section 4 of the Act of July 18, 1958, as amended (15
U.S.C. 633)
(27) section 316 of the Act of August 10, 1965 (15 U.S.C. 694)
(28) section 2(e) of the Act of August 4, 1950 (31 U.S.C.
181a(e));
S. 2444-10
(29) section 7 of the Act of February 22, 1921 (31 U.S.C. 491) ;
(30) section 4 of the Act of June 26, 1934 (31 U.S.C. 725c) ;
(31) sections 102 and 103 of the Act of December 6, 1946 (31
U.S.C. 847 and 848) ;
(32) section 257 of the Revised Statutes (31 U.S.C. 1027) ;
(33) section 15 of the Act of July 31, 1894 (31 U.S.C. 1029) ;
(34) section 1 of the Act of February 26, 1907 (31 U.S.C. 1030) ;
(35) section 401 of the Act of December 31, 1970 (31 U.S.C.
1033) ;
(36) sections 103 and 111 (d) of the Social Security Amend-
ments of 1965 (42 U.S.C. 426a (c) and 1395i-1) ; and
(37) section 102 (a) (11) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302 (11)).
SEC. 202. The period of July 1, 1976, through September 30, 1976,
shall be treated as a fiscal year for the purposes of the following pro-
visions of law insofar as they relate to matching requirements:
(1) section 2 of the Act of March 1, 1911 (16 U.S.C. 563)
(2) sections 2, 4, and 5 of the Act of June 7, 1924, as amended
(16 U.S.C. 565, 567, and 568) ;
(3) section 4 of the Act of October 10, 1962 (16 U.S.C.
582a-3) ;
(4) section 2 of the Cooperative Forest Management Act, as
amended (16 U.S.C. 568d) ; and
(5) section 402 of the Rural Development Act of 1972 (7
U.S.C. 2652).
SEC. 203. For the purposes of the paragraph captioned "Com-
modity Credit Corporation", "Reimbursement for Net Realized
Losses" of title III of the Department of Agriculture and Related
Agencies Appropriation Act, 1966 (15 U.S.C. 713a-11a), the period
of July 1, 1976, through September 30, 1976, shall be considered a
fiscal year and the words "June 30 of the fiscal year" shall be construed
to mean September 30, 1976, for that period.
SEC. 204. The period of July 1, 1976, through September 30, 1976,
shall be treated as part of the fiscal year beginning July 1, 1975, for
the purposes of the following provisions of law
(1) the following provisions of the Public Health Service Act:
section 207 (b) (42 U.S.C. 209 (b) ;
section 301 (c) (42 U.S.C. 241 ) ;
section 308 (a), and the second sentence of section 308(i) (1)
(42 U.S.C. 242m (a) and 242m (i) (1))
sections 314 (d) (2) (C) and (d) (6) (42 U.S.C. 246
(d) (2) (C) and (d) (6))
section 398 (42 U.S.C. 280b-10) ;
the last sentence of section 419B (42 U.S.C. 287i) ;
section 434(f) (42 U.S.C. 289c-1 (f) ;
section 436 (42 U.S.C. 289c-3) ;
section 437 (42 U.S.C. 289c-4) ;
section 439 (f) (42 U.S.C. 289c-6 ;
the last sentence of section 439 (h) (42 U.S.C. 289c-6(g))
section 513 (42 U.S.C. 229b) ;
section 805 (f) (2) (42 U.S.C. 296d (f) (2)) ;
section 1006 (a) (42 U.S.C. 300a-4) ;
section 1009 (42 U.S.C. 300a-6a) ;
section 1207 (a) (2) (42 U.S.C. 300d-6(a) (2) ;
section 1303 (i) (42 U.S.C. 300e-2(i) ;
section 1304 (k) (42 U.S.C. 300e-3 (k)
section 1305 (e) (42 U.S.C. 300e-4(e) ;
S. 2444-11
section 1610 (c) (42 U.S.C. 300p
section 1611 (d) (42 U.S.C. 300p-1 ;
section 1621 (42 U.S.C. 300q-1)
section 1625 (42 U.S.C. 300r) ;
(2) sections 208, 304(a), 307(b), 505(b), 707 (a) (4), and the
last sentence of section 708 of the Older Americans Act of 1965
(42 U.S.C. 3018, 3024(a), 3027 (b), 3041 (b), 3045f(a) (4), and
3045g) ;
(3) section 503 (d) of the Lead-Based Paint Poisoning Preven-
tion Act (42 U.S.C. 4843(d))
(4) sections 203(d) (2), 204(e) (1), 206(e), 221(b) (2) and
(b) (4) (B) of the Community Mental Health Centers Act (42
U.S.C. 2689b (d) (2), 2689c(e) (1), 2689e, 2689i (b) (2) and
(b) (4) (B)) ;
(5) section 417(a) (1) and 437(a) of the General Education
Provisions Act (20 U.S.C. 1226c(a) (1) and 1232f
(6) section 2(c) of the Sudden Infant Death Syndrome Act of
1974 (42 U.S.C. 289g note)
(7) the following provisions of the Social Security Act:
section 201 (c) (42 U.S.C. 401 (c)
sections 403 (c) and (f) (42 U.S.C. 603 (c) and (f)) ;
section 423 (c) (42 U.S.C. 623(c))
section 1118 (42 U.S.C. 1318) ;
section 1817 (b) (42 U.S.C. 1395i (b) ;
section 1841 (b) (42 U.S.C. 1395t(b)
section 1842(b) (3) (42 U.S.C. 1395u (b) (3)) ;
(8) sections 409 (c) (2) and 412(d) (2) of the Drug Abuse Office
and Treatment Act of 1972 (21 U.S.C. 1176(c) (2) and 1179(d)
(2)
(9) section 302(b) of the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of
1970 (42 U.S.C. 4572(b))
(10) section 7 of the Act of September 30, 1950 (20 U.S.C.
241-1) ;
(11) section 410 of the Act of November 19, 1969 (Public Law
91-121, 50 U.S.C. 1436) ;
(12) sections 1012, 1013, and 1014(e) (1) of the Impoundment
Control Act of 1974 (Public Law 93-344, 31 U.S.C. 1402, 1403,
and 1404(e) (1)) ;
(13) the Library Services and Construction Act (20 U.S.C.
351-364) ;
(14) section 207(b) of the National Productivity and Quality
of Working Life Act of 1975 (15 U.S.C. 2417 and
(15) section 6(b) of the Act of July 22, 1963 (7 U.S.C. 390e
(b)).
SEC. 205. The period of July 1, 1976, through September 30, 1976,
shall be treated as part of the fiscal year beginning October 1, 1976, for
the purposes of the following provisions of law
(1) section 5532 (c) (ii) of title 5, United States Code;
(2) sections 3, 4, and 5 of the Act of September 2, 1937 (50 Stat.
917, 918), as amended (16 U.S.C. 669b, 669c, 669d) ;
(3) sections 3, 4, and 5 of the Act of August 9, 1950 (64 Stat.
432). as amended (16 U.S.C. 777b, 777c, 777d)
(4) section 1 of the Act of August 12, 1955 (69 Stat. 698; 16
U.S.C. 669b-1)
(5) section 26 of the Tennessee Valley Authority Act of 1933,
as amended (16 U.S.C. 831y)
S. 2444-12
(6) section 303 of the Act of September 30, 1950 (20 U.S.C.
241bb);
(7) titles I, II, III, IV, and V of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 241a-o, 821-27, 841a,
861-69a and 1801-32)
(8) section 612 of the Education of the Handicapped Act (20
U.S.C. 1412) ;
(9) sections 704 and 705 of the Emergency School Aid Act (20
U.S.C. 1603 and 1604) ;
(10) section 713 of the Education Amendments of 1974 (20
U.S.C. 1943) ;
(11) sections 404, 501 (d), and 502(g) of the Rehabilitation
Act of 1973 (29 U.S.C. 784, 791 (d), and 792 ;
(12) section 3646 of the Revised Statutes (31 U.S.C. 528(c)) ;
(13) section 40 of the Act of August 10, 1965, as amended (31
U.S.C. 649c) ;
(14) sections 3 and 5 of the Act of July 25, 1956 (31 U.S.C. 705
and 706) ;
(15) section 103 of the Act of June 6, 1972 (31 U.S.C. 1203)
(16) section 105(a) (2) of the Act of October 20, 1972 (31
U.S.C. 1224 (a) (2))
(17) section 407 (b) of title 37, United States Code;
(18) section 413 of the Domestic Volunteer Service Act of 1973
(42 U.S.C. 5053) ;
(19) section 701 (b) and (f) of title 10, United States Code;
(20) section 1 of the Act of July 11, 1947, as amended (31
U.S.C. 132) ;
(21) sections 110, 111 (d), and 210(f) (5) of the Federal Prop-
erty and Administrative Services Act of 1949, as amended (40
U.S.C. 757, 759, and 490(f) (5)) ;
(22) the final paragraph under the heading "PUBLIC BUILDINGS
ADMINISTRATION" in the Act of May 3, 1945 (59 Stat. 115; 40
U.S.C. 293) ;
(23) Public Law 90-469 (82 Stat. 666)
(24) sections 802(a), 810(b), 810(c) (2), 810(e), and 811 (a) of
the Public Health Service Act (42 U.S.C. 296a (a), 296e(b), 296e
(c) (2), 296e (e) and 296f (a))
(25) sections 3 and 4(b) of the Child Nutrition Act of 1966 (42
U.S.C. 1772, 1773(b)) and
(26) sections 2, 3, and 4 of the Act of September 30, 1950 (20
U.S.C. 237, 238, 239).
SEC. 206. The period of July 1, 1975, through September 30, 1976,
shall be considered one year for the purposes of the following provi-
sions of law-
(1) sections 314 (d) (2) (C) (ii) and (d) (3), 435(b), 646, 1210,
and 1315 of the Public Health Service Act (42 U.S.C. 246 (d) (2)
(C) (ii) and (d) (3), 289c-2(b), 2910-1, 300d-9, and 300e-14)
(2) section 409(e) of the Drug Abuse Office and Treatment
Act of 1972 (21 U.S.C. 1176 ;
(3) section 303 of the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of
1970 (42 U.S.C. 4573)
(4) sections 203(e) (1) and 237(a) (1) (C) of the Community
Mental Health Centers Act (42 U.S.C. 2689b (1) and 2689t
(a) (1) (C)) ; and
(5) section 205(b) (1) of the Water Pollution Control Act
(33 U.S.C. 1285(b)(1)).
SHEET
S. 2444-13
SEC. 207. A grant received under section 203 (e) (1) of the Com-
munity Mental Health Centers Act (42 U.S.C. 2689b (e) (1)) from
appropriations for the period of July 1, 1976, through September 30,
1976, shall not be considered a grant for the purposes of section 203
(e) (1) (A) (i) (42 U.S.C. 2689b (e) (1) (A) (i)
SEC. 208. For the purposes of section 206 (c) (4) of the Community
Mental Health Centers Act (42 U.S.C. 2689 (c) (4)), the period July
1, 1976, through September 30, 1976, shall be treated as part of fiscal
year 1976 and the 2 per centum minimum specified in that section shall
be 2.5 per centum in respect to grants received for that period, and
1.6 per centum in respect to grants received for fiscal year 1977.
SEC. 209. The funds appropriated to an account for the period July
1, 1976, through September 30, 1976, shall be merged on July 1, 1976,
with the balances available from the appropriations made for the
fiscal year 1976 for such account.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
April 12, 1976
Dear Mr. Director:
The following bills were received at the White
House on April 12th:
S.J. Res. 35
S. 2444
S. 2445
H.J. Res. 491
H.R. 1465
H.R. 11598
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D.C.