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$ 1714. Airport and airway development program. (a) General authority.

In order to bring about, in conformity with the national airport system plan, the establishment of a nationwide system of public airports adequate to meet the present and future needs of civil aeronautics, the Secretary is authorized to make grants for airport development by grant agreements with sponsors in aggregate amounts not less than the following:

(1) For the purpose of developing in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, airports served by air carriers certificated by the Civil Aeronautics Board, and airports the primary purpose of which is to serve general aviation and to relieve congestion at airports having a high density of traffic serving other segments of aviation, $250,000,000 for each of the fiscal years 1971 through 1973, and $275,000,000 for each of the fiscal years 1974 and 1975.

(2) For the purpose of developing in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, airports serving segments of aviation other than air carriers certificated by the Civil Aeronautics Board, $30,000,000 for each of the fiscal years 1971 through 1973, and $35,000,000 for each of the

fiscal years, 1974 and 1975. (b) Obligational authority.

To facilitate orderly long-term planning by sponsors, the Secretary is authorized, effective on May 21, 1970, to incur obligations to make grants for airport development from funds made available under this subchapter for the fiscal year ending June 30, 1971, and the succeeding four fiscal years in a total amount not to exceed $1,460,000,000. No obligation shall be incurred under this subsection for a period of more than three fiscal years and no such obligation shall be incurred after June 30, 1975. The Secretary shall not incur more than one obligation under this subsection with respect to any single project for airport development. Obligations incurred under this subsection shall not be liquidated in an aggregate amount exceeding $280,000,000 prior to June 30, 1971, an aggregate amount exceeding $560,000,000 prior to June 30, 1972, an aggregate amount exceeding $840,000,000 prior to June 30, 1973, an aggregate amount exceeding $1,150,000,000 prior to June 30, 1974, and an aggregate amount exceeding $1,460,000,000 prior to June 30, 1975.

(d) Other expenses.

The balance of the moneys available in the trust fund may be allocated for the necessary administrative expenses incident to the administration of programs for which funds are to be allocated as set forth in subsections (a), (b), and (c) of this section, and for research and development activities under section 1353(c) of this title (as it relates to safety in air navigation). The initial $50,000,000 of any sums appropriated to the trust fund pursuant to subsection (d) of section 1742 of this title shall be allocated to such research and development activities. (e) Preservation of funds and priority for airport and

airway programs. (1) Notwithstanding any other provision of law to the contrary, no amounts may be appropriated from the trust fund to carry out any program or activity under the Federal Aviation Act of 1958, except programs or activities referred to in subsections (c) and (d) of this section, as amended.

(2) Amounts equal to the minimum amounts authorized for each fiscal year by subsections (a) and (c) of this section shall remain available in the trust fund until appropriated for the purposes described in such subsections.

(3) No amounts transferred to the trust fund by subsection (b) of section 1742 of this title (relating to aviation user taxes) may be appropriated for any fiscal year to carry out administrative expenses of the Department of Transportation or of any unit thereof except to the extent authorized by subsection (d) of this section. (As amended Pub. L. 92–174, $$ 2, 3, 4(b), Nov. 27, 1971, 85 Stat. 491, 492; Pub. L. 93–44, § 3, June 18, 1973, 87 Stat. 89.)

REFERENCES IN TEXT The Federal Aviation Act of 1958, referred to in subsec. (e) (1), is classified to section 1301 et seq. of this title.

AMENDMENTS

1973–Subsec. (a) (1). Pub. L. 93-44, $ 3(a) (1), increased authorization of appropriations for fiscal years 1974 and 1975 from $250,000,000 to $275,000,000.

Subsec. (a) (2). Pub. L. 93-44, $ 3(a) (2), increased authorization of appropriations for fiscal years 1974 and 1975 from $30,000,000 to $35,000,000.

Subsec. (b). Pub. L. 93-44, § 3(b), substituted $1,460,000,000" for "$840,000,000" in first sentence, substituted "be incurred after" for "extend beyond" in second sentence, and limited (in last sentence) liquidation of obligations in an aggregate amount not exceeding $1,150,000,000 prior to June 30, 1974, and $1,460,000,000 prior to June 30, 1975.

1971–Subsec. (a). Pub. L. 92–174, $ 4(b), added references to American Samoa and the Trust Territory of the Pacific Islands.

Subsec. (d). Pub. L. 92–174, § 2, substituted reference to moneys covering administrative expenses incident to the administration of programs for which funds are to be allocated as set forth in subsection (c) of this section, for reference to moneys covering the maintenance and operation of air navigation facilities and the conduct of other functions under section 1348(b) of this title not otherwise provided for in subsection (c) of this section.

Subsec. (e). Pub. L. 92–174, $ 3, added subsec. (e).

$ 1715. Distribution of funds; State apportionment.

(b) Discretionary fund; creation and uses.

(2) The discretionary fund shall be available for such approved projects for airport development in

by the Civil Aeronautics Board and for sponsors of general aviation or reliever airports.

the several States, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam as the Secretary considers most appropriate for carrying out the national airport system plan regardless of the location of the projects. In determining the projects for which the fund is to be used, the Secretary shall consider the existing airport facilities in the several States, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam, and the need for or lack of development of airport facilities in the several States, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam. Amounts placed in the discretionary fund pursuant to subsection (a) of this section, including amounts added to the discretionary fund pursuant to paragraph (3) of such subsection (a), may be used only in accordance with the purposes for which originally appropriated.

(c) Projects in Virgin Islands, American Samoa, and

the Trust Territory of the Pacific Islands. The United States share payable on account of any approved project for airport development in the Virgin Islands, American Samoa, or the Trust Territory of the Pacific Islands shall be any portion of the allowable project costs of the project, not to exceed 75 per centum, as the Secretary considers appropriate for carrying out the provisions of this subchapter.

(As amended Pub. L. 92–174, § 4(a), Nov. 27, 1971, 85 Stat. 492.)

AMENDMENTS 1971–Subsec. (b)(2). Pub. L. 92–174 inserted reference to American Samoa and the Trust Territory of the Pacifc Islands.

(e) Safety certification and security equipment.

(1) To the extent that the project cost of an approved project for airport development represents the cost of safety equipment required by rule or regulation for certification of an airport under section 1432 of this title the United States share may not exceed 82 per centum of the allowable cost thereof with respect to airport development project grant agreements entered into after May 10, 1971.

(2) To the extent that the project cost of an approved project for airport development represents the cost of security equipment required by the Secretary by rule or regulation, the United States share may not exceed 82 per centum of the allowable cost thereof with respect to airport development project grant agreements entered into after September 28, 1971. (As amended Pub. L. 92–174, 8 4(C), Nov. 27, 1971, 85 Stat. 492; Pub. L. 93-44, § 5, June 18, 1973, 87 Stat. 89.)

AMENDMENTS 1973–Subsec. (a). Pub. L. 93-44, $ 5(1) substituted "share of allowable project costs payable" for "share payable", added cls. (1) and (2), and deleted former provision limiting United States share to 50 per centum of the allowable project costs.

Subsec. (e). Pub. L. 93–44, $ 5(2), added subsec. (e).

1971–Subsec. (c). Pub. L. 92–174 inserted reference to American Samoa and the Trust Territory of the Pacific Islands.

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Chapter 26.-HAZARDOUS MATERIALS

TRANSPORTATION CONTROL 8 1762. Authorization of appropriations.

There is authorized to be appropriated to carry out the provisions of this chapter not to exceed $1,200,000 for the fiscal year ending June 30, 1974. (As amended Pub. L. 93–90, $ 3, Aug. 14, 1973, 87 Stat. 305.)

AMENDMENTS 1973–Pub. L. 93–90 substituted authorization of appropriation of amount not exceeding $1,200,000 for the fiscal year ending June 30, 1974, for authorization of appropriations of amount not exceeding $1,000,000 for each of the fiscal years ending June 30, 1971, June 30, 1972, and June 30, 1973.

REPORT TO CONGRESS

8 1717. United States share of project costs. (a) General provision.

Except as otherwise provided in this section, the United States share of allowable project costs payable on account of any approved airport development project submitted under section 1716 of this title may not exceed

(1) 50 per centum for sponsors whose airports enplane not less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board; and

(2) 75 per centum for sponsors whose airports enplane less than 1 per centum of the total annual passengers enplaned by air carriers certificated

Section 4 of Pub. L. 93-90 provided that: “The Secretary of Transportation shall, within ninety days after the date of enactment of this Act (Aug. 14, 1973), submit a report to the Congress which contains a complete evaluation of all programs conducted under the Hazardous Materials Transportation Control Act of 1970 (this chapter), and on proposed revised handling procedures and feasibility of alternative routing in order to avoid population centers."

TITLE 50.-WAR AND NATIONAL DEFENSE

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8 98a. Strategic and critical materials; determination;

quantity and quality to be purchased; formation and functions of industry advisory Committees; subsistence and traveling expenses of members.

TERMINATION OF ADVISORY COMMITTEES Advisory Committees in existence on January 5, 1973, to terminate not later than the expiration of the two-year period following January 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such two-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

Chapter 15.-NATIONAL SECURITY 8 401. Congressional declaration of purpose.

TRANSFER OF FUNCTIONS All functions vested by law in the Office of Science and Technology and in the Director or Deputy Director of the Office of Science and Technology were transferred to the Director of the National Science Foundation, and the Office of Science and Technology, including the offices of Director and Deputy Director, provided for by sections 1 and 2 of 1962 Reorg. Plan No. 2, was abolished by sections 2 and 3(a) (5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

The Office of Emergency Preparedness, including the offices of Director, Deputy Director, Assistant Directors, and Regional Directors, was abolished and all functions vested by law in the Office of Emergency Preparedness or the Director of the Office of Emergency Preparedness were transferred to the President of the United States by sections 1 and 3(a) (1) of 1973 Reorg. Plan No. 1 effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.

EXECUTIVE ORDER No. 10501 Ex. Ord. No. 10501, Nov. 9, 1953, 18 F.R. 7049, as amended by Ex. Ord. No. 10816, May 8, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan. 11, 1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R. 8932; Ex. Ord. No. 10985, Jan. 15, 1962, 27 F.R. 439; Ex. Ord. No. 11097, Mar. 6, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, set out as a note under this section, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, set out as a note under this section.

EXECUTIVE ORDER No. 10985 Ex. Ord. No. 10985, Jan. 15, 1962, 27 F.R. 439, set out as a note under this section, which amended Executive Order No. 10501, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar 8, 1972, 37 F.R. 5209, set out as a note under this section.

EXECUTIVE ORDER No. 11097 Ex. Ord. No. 11097, Mar. 6, 1963, 28 F.R. 2225, set out as a note under this section, which amended Executive Order No. 10501, which related to safeguarding official information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, set out as a note under this section. Ex. ORD. No. 11652. CLASSIFICATION AND DECLASSIFICATION

OF NATIONAL SECURITY INFORMATION AND MATERIAL Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex. Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245, provided;

The interests of the United States and its citizens are best served by making information regarding the affairs of Government readily avallable to the public. This concept of an informed citizenry is reflected in the Freedom of Information Act (section 552 of Title 5] and in the current public information policies of the executive branch.

Within the Federal Government there is some official information and material which, because it bears directly on the effectiveness of our national defense and the conduct of our foreign relations, must be subject to some constraints for the security of our Nation and the safety of our people and our allies. To protect against actions hostile to the United States, of both an overt and covert nature, it is essential that such official information and material be given only limited dissemination.

This official information or material, referred to as classified information or material in this order, is ex

$ 98h-1. Importation of strategic and critical mate

rials. Notwithstanding any other provision of law, on and after January 1, 1972, the President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this Act, if such material is the product of any foreign country or area not listed as a Communist-dominated country or area in general headnote 3(d) of the Tariff Schedules of the United States (section 1202 of Title 19), for so long as the importation into the United States of material of that kind which is the product of such Communist-dominated countries or areas is not prohibited by any provision of law. (June 7, 1939, ch, 190, $ 10, as added Nov. 17, 1971, Pub. L. 92–156, title V, $ 503(2), 85 Stat. 427.)

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$ 100a. Scrap-processing facilities; acquisition, construction, or operation.

REPEATED Pub. L. 92-204, title VII, § 712, Dec. 18, 1971, 85 Stat. 729; Pub. L. 92-570, title VII, $ 712, Oct. 26, 1972, 86 Stat. 1198; Pub. L. 93-238, title VII, § 712, Jan. 2, 1974, 87 Stat. 1040.

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pressly exempted from public disclosure by Section 552(b) (1) of Title 5, United States Code. Wrongful disclosure of such information or material is recognized in the Federal Criminal Code as providing a basis for prosecution.

To ensure that such information and material is protected, but only to the extent and for such period as is necessary, this order identifies the information to be protected, prescribes classification, downgrading, declassification and safeguarding procedures to be followed, and establishes a monitoring system to ensure its effectiveness.

Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, it is hereby ordered:

SECTION 1. Security Classification Categories. Official information or material which requires protection against unauthorized disclosure in the interest of the national defense or foreign relations of the United States (hereinafter collectively termed "national security”) shall be classified in one of three categories, namely "Top Secret,” "Secret," or "Confidential,” depending upon the degree of Its significance to national security. No other categories shall be used to identify official information or material as requiring protection in the interest of national security, except as otherwise expressly provided by statute. These classification categories are defined as follows:

(A) Top Secret." "Top Secret” refers to that national security Information or material which requires the highest degree of protection. The test for assigning "Top Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. Examples of "exceptionally grave damage" include armed hostilities against the United States or its allies; disruption of foreign relations vitally affecting the national security; the compromise of vital national defense plans or complex cryptologic and communications intelligence systems; the revelation of sensitive intelligence operations; and the disclosure of scientific or technological developments vital to national security. This classification shall be used with the utmost restraint.

(B) "Secret." "Secret" refers to that national security information or material which requires a substantial degree of protection. The test for assigning "Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause serious damage to the national security. Examples of "serious damage" include disruption of foreign relations significantly affecting the national security; significant impairment of a program or policy directly related to the national security; revelation of significant military plans or intelligence operations; and compromise of significant scientific or technological developments relating to national security. The classification "Secret" shall be sparingly used.

(C) "Confidential." "Confidential” refers to that national security Information or material which requires protection. The test for assigning “Confidential" classification shall be whether its unauthorized disclosure could reasonably be expected to cause damage to the national security.

SEC. 2. Authority to Classify. The authority to originally classify information or material under this order shall be restricted solely to those offices within the executive branch which are concerned with matters of national security, and shall be limited to the minimum number absolutely required for efficient administration. Except as the context may otherwise indicate, the term "Department" as used in this order shall include agency or other governmental unit.

(A) The authority to originally classify information or material under this order as “Top Secret" shall be exercised only by such officials as the President may designate in writing and by:

(1) The heads of the Departments listed below;

(2) Such of their senior principal deputies and assistants as the heads of such Departments may designate in writing; and

(3) Such heads and senior principal deputies and assistants of major elements of such Departments, as the heads of such Departments may designate in writing. Such offices in the Executive Office of the President as the

President may designate in writing

Central Intelligence Agency
Atomic Energy Commission
Department of State
Department of the Treasury
Department of Defense
Department of the Army
Department of the Navy
Department of the Air Force
United States Arms Control and Disarmament Agency
Department of Justice
National Aeronautics and Space Administration
Agency for International Development

(B) The authority to originally classify information or material under this order as "Secret" shall be exercised only by:

(1) Officials who have “Top Secret” classification authority;

(2) Such subordinates as officials with “Top Secret” classification authority under (A) (1) and (2) above may designate in writing, and

(3) The heads of the following named Departments and such senior principal deputies or assistants as they may designate in writing. Department of Transportation Federal Communications Commission Export-Import Bank of the United States Department of Commerce United States Civil Service Commission United States Information Agency General Services Administration Department of Health, Education, and Welfare Civil Aeronautics Board Federal Maritime Commission Federal Power Commission National Science Foundation Overseas Private Investment Corporation

(C) The authority to originally classify information or material under this order as "Confidential” may be exercised by officials who have "Top Secret" or "Secret" classification authority and such officials as they may designate in writing.

(D) Any Department not referred to herein and any Department or unit established hereafter shall not have authority to originally classify information or materia) under this order, unless specifically authorized hereafter by an Executive order.

Sec. 3. Authority to Downgrade and Declassify. The authority to downgrade and declassify national security information or material shall be exercised as follows:

(A) Information or material may be downgraded or declassified by the official authorizing the original classification, by a successor in capacity or by a supervisory official of either.

(B) Downgrading and declassification authority may also be exercised by an official specifically authorized under regulations issued by the head of the Department listed in Sections 2 (A) or (B) hereof.

(C) In the case of classified information or material officially transferred by or pursuant to statute or Executive order in conjunction with a transfer of function and not merely for storage purposes, the receiving Department shall be deemed to be the originating Department for all purposes under this order including downgrading and declassification.

(D) In the case of classified information or material not officially tranferred within (C) above, but originated in a Department which has since ceased to exist, each Department in possession shall be deemed to be the originating Department for all purposes under this order. Such information or material may be downgraded and declassified by the Department in possession after consulting with any other Departments having an interest in the subject matter.

(E) Classified information or material tranferred to the General Services Administration for accession into the Archives of the United States shall be downgraded and declassified by the Archivist of the United States in accordance with this order, directives of the President issued through the National Security Council and pertinent regulations of the Departments.

(F) Classified information or material with special markings, as described in Section 8, shall be downgraded

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