87 STAT. 619 Petroleum products. North Atlantic zation. Balance of payments deficit. (a) above, and a detailed explanation of the facts and information which serve as the basis for any conclusions stated therein, and shall also include in such report such recommendations for legislative action as he deems appropriate. SEC. 811. The Congress finds that the Department of Defense, which will use, at its present rate of consumption, an estimated twelve billion gallons of petroleum products in 1973, is one of the largest single consumers of petroleum products in the world, and that a reduction in consumption of such products by the Department of Defense would aid materially in meeting the energy shortages which the United States now faces. It is, therefore, declared to be the sense of the Congress that the Department of Defense should implement a 10 per centum reduction of its consumption of petroleum products except where such a reduction would adversely affect the national security or essential training exercises. SEC. 812. (a) The Congress finds that in order to achieve a more Treaty Organi- equitable sharing of the costs and expenses arising from commitments and obligations under the North Atlantic Treaty, the President should seek, through appropriate bilateral and multilateral arrangements, payments sufficient in amount to offset fully any balanceof-payment deficit incurred by the United States during the fiscal year ending June 30, 1974, as the result of the deployment of forces in Europe in fulfillment of the treaty commitments and obligations of the United States. This balance-of-payment deficit shall be determined by the Secretary of Commerce in consultation with the Secretary of Defense and the Comptroller General of the United States. Equitable cost sharing. (b) In the event that the North Atlantic Treaty Organization members (other than the United States) fail to offset the net balance-ofpayment deficit described in subsection (a) prior to the expiration of eighteen months after the date of enactment of this section, no funds may be expended after the expiration of twenty-four months following the date of enactment of this section for the purpose of maintaining or supporting United States forces in Europe in any number greater than a number equal to the average monthly number of United States forces assigned to duty in Europe during the fiscal year ending June 30, 1974, reduced by a percentage figure equal to the percentage figure by which such balance-of-payment deficit during such fiscal year was not offset. (c) The Congress further finds (1) that the other members of the North Atlantic Treaty Organization should, in order to achieve a more equitable sharing of the cost burden under the treaty, substantially increase their contributions to assist the United States in meeting those added budgeting expenses incurred as the result of maintaining and supporting United States forces in Europe, including, but not limited to, wages paid to local personnel by the United States, recurring expenses incurred in connection with the maintenance and operation of real property, maintenance facilities, supply depots, cold storage facilities, communications systems, and standby operations, and nonrecurring expenses such as the construction and rehabilitation of plants and facilities; (2) that the amount paid by the United States in connection with the North Atlantic Treaty infrastructure program should be reduced to a more equitable amount; and (3) that the President should seek, through appropriate bilateral and multilateral arrangements, a substantial reduction of the amounts paid by the United States in connection with those matters described in (1) and (2) above. (d) The President shall submit to the Congress within ninety days after the date of enactment of this Act, and at the end of each ninetyday period thereafter, a written report informing the Congress of the progress that has been made in implementing the provisions of this section. 87 STAT. 620 Report to SEC. 813. (a) No funds authorized to be appropriated by this Act Funds, may be obligated under a contract entered into by the Department of restrictions. Defense after the date of the enactment of this Act for procurement of goods which are other than American goods unless, under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933, as amended (47 Stat. 1520; 41 U.S.C. 10a, 10b), popularly known as the Buy American Act, there is adequate consideration given to (1) the bids or proposals of firms located in labor surplus areas in the United States as designated by the Department of Labor which have offered to furnish American goods; (2) the bids or proposals of small business firms in the United States which have offered to furnish American goods; (3) the bids or proposals of all other firms in the United States which have offered to furnish American goods; (4) the United States balance of payments; (5) the cost of shipping goods which are other than American goods; and (6) any duty, tariff or surcharge which may enter into the cost of using goods which are other than American goods. (b) For purposes of this section, the term "goods which are other "Goods." than American goods" means (1) an end product which has not been mined, produced, or manufactured in the United States, or (2) an end product manufactured in the United States but the cost of the components thereof which are not mined, produced, or manufactured in the United States exceeds the cost of components mined, produced, or manufactured in the United States. SEC. 814. (a) Chapter 157 of title 10, United States Code, is amended 79 Stat. 425. by adding at the end thereof a new section as follows: "§ 2635. Medical emergency helicopter transportation assistance and limitation of individual liability "(a) The Secretary of Defense is authorized to assist the Department of Health, Education, and Welfare and the Department of Transportation in providing medical emergency helicopter transportation services to civilians. Any resources provided under this section shall be under such terms and conditions, including reimbursement, as the Secretary of Defense deems appropriate and shall be subject to the following specific limitations: "(1) Assistance may be provided only in areas where military units able to provide such assistance are regularly assigned, and military units shall not be transferred from one area to another for the purpose of providing such assistance. "(2) Assistance may be provided only to the extent that it does not interfere with the performance of the military mission. "(3) The provision of assistance shall not cause any increase in funds required for the operation of the Department of Defense. "(b) No individual (or his estate) who is authorized by the Department of Defense to perform services under a program established pursuant to subsection (a), and who is acting within the scope of his duties, shall be liable for injury to, or loss of property or personal injury or death which may be caused incident to providing such services." 10 USC 2634. Limitations. 87 STAT. 621 10 USC 2631. Vice Admiral 85 Stat. 489. 10 USC 2003. Fligibility. Expenses. (b) The table of sections at the beginning of chapter 157 of title 10, United States Code, is amended by adding at the end thereof the following new item: "2635. Medical emergency helicopter transportation assistance and limitation on individual liability.". SEC. 815. In recognition of the vital contribution of Vice Admiral Hyman G. Rickover (United States Navy, retired) to our national defense and in special recognition of his invaluable guidance, initiative, and perseverance in developing the nuclear submarine, the President is authorized to appoint the said Hyman G. Rickover to the grade of admiral on the retired list with all the rights, privileges, benefits, pay and allowances provided by law for officers appointed to such grade. SEC. 816. Notwithstanding any other provision of law, the authority provided in section 501 of the Defense Procurement Act of 1970, Act of October 7, 1970, Public Law 91-441 (84 Stat. 909), is hereby extended until December 31, 1975. SEC. 817. (a) Title 10, United States Code, is amended by adding the following new section at the end of chapter 101: "§ 2004. Detail of commissioned officers of the military departments as students at law schools (a) The Secretary of each military department may, under regulations prescribed by the Secretary of Defense, detail commissioned officers of the armed forces as students at accredited law schools, located in the United States, for a period of training leading to the degree of bachelor of laws or juris doctor. No more than twenty-five officers from each military department may commence such training in any single fiscal year. "(b) To be eligible for detail under subsection (a), an officer must be a citizen of the United States and must "(1) have served on active duty for a period of not less than two years nor more than six years and be in the pay grade O-3 or below as of the time the training is to begin; and "(2) sign an agreement that unless sooner separated he will- "(C) agree to serve on active duty following completion or other termination of training for a period of two years for each year or part thereof of his legal training under subsection (a). "(c) Officers detailed for legal training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned, under regulations prescribed by the Secretary of Defense. Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by any such officer under any other provision of law or agreement. "(d) Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military depart ment concerned. "(e) An officer who, under regulations prescribed by the Secretary of Defense, is dropped from the program of legal training authorized by subsection (a) for deficiency in conduct or studies, or for other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed by regulations issued by the Secretary of Defense, except that in no case shall any such member be required to serve on active duty for any period in excess of one year for each year or part thereof he participated in the program. "(f) No agreement detailing any officer of the armed forces to an accredited law school may be entered into during any period that the President is authorized by law to induct persons into the armed forces involuntarily. Nothing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces." 87 STAT. 622 (b) The table of contents of chapter 101 of title 10, United States Code, is amended by adding the following new item at the end thereof: 10 USC 2001. 2004. Detail of commissioned officers of the military departments as students at law schools.". PUBLIC HEALTH SERVICES HOSPITALS SEC. 818. (a) Except as provided in subsection (b), the Secretary of Health, Education, and Welfare shall take such action as may be necessary to assure that the hospitals of the Public Health Service, located in Seattle, Washington, Boston, Massachusetts, San Francisco, California, Galveston, Texas, New Orleans, Louisiana, Baltimore, Maryland, Staten Island, New York, and Norfolk, Virginia, shall continue (1) in operation as hospitals of the Public Health Service, (2) to provide for all categories of individuals entitled or authorized to receive care and treatment at hospitals or other stations of the Public Health Service inpatient, outpatient, and other health care services in like manner as such services were provided on January 1, 1973, to such categories of individuals at the hospitals of the Public Health Service referred to in the matter preceding paragraph (1) and at a level and range at least as great as the level and range of such services which were provided (or authorized to be provided) by such hospitals on such date, and (3) to conduct at such hospitals a level and range of other health-related activities (including training and research activities) which is not less than the level and range of such activities which were being conducted on January 1, 1973, at such hospitals. (b) (1) The Secretary may (A) close or transfer control of a hospital of the Public Health Service to which subsection (a) applies, (B) reduce the level and range of health care services provided at such a hospital from the level and range required by subsection (a) (2) or change the manner in which such services are provided at such a hospital from the manner required by such subsection, or (C) reduce the level and range of the other health-related activities conducted at such hospital from the level and range required by subsection (a) (3), if Congress by law (enacted after the date of the enactment of this Act) specifically authorizes such action. (2) Any recommendation submitted to the Congress for legislation to authorize an action described in paragraph (1) with respect to a hospital of the Public Health Service shall be accompanied by a copy of the written, unqualified approval of the proposed action submitted to the Secretary by each (A) section 314 (a) State health planning 87 STAT. 623 Definitions. 80 Stat. 1181; 86 Stat. 1293. 42 USC 246. Repeal. 86 Stat. 1292. 42 USC 246 note. Short title. agency whose section 314(a) plan covers (in whole or in part) the area in which such hospital is located or which is served by such hospital, and (B) section 314(b) areawide health planning agency whose section 314(b) plan covers (in whole or in part) such area. (3) For purposes of this subsection, the term "section 314(a) State health planning agency" means the agency of a State which administers or supervises the administration of a State's health planning functions under a State plan approved under section 314(a) of the Public Health Service Act (referred to in paragraph (2) as a "section 314(a) plan"); and the term "section 314 (b) area wide health planning agency" means a public or nonprofit private agency or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of that Act (referred to in paragraph (2) as a "section 314 (b) plan"). (c) Section 3 of the Emergency Health Personnel Act Amendments of 1972 is repealed. SEC. 819. This Act may be cited as the "Department of Defense Appropriation Authorization Act, 1974". Approved November 16, 1973. LEG IS LAT IVE HISTORY: HOUSE REPORTS: No. 93-383 (Comm. on Armed Services) and No. 93-588 (Comm. of Conference). SENATE REPORTS: No. 93-385 (Comm. on Armed Services) and No. 93-467 (Comm. of Conference). CONGRESS IONAL RECORD, Vol. 119 (1973): July 30, 31, considered and passed House. Sept. 20-22, 24-28, Oct. 1, considered and passed Senate, amended. Nov. 5, Senate agreed to conference report. |